46018 Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Notices 

valid OMB Control Number. In addition, 

notwithstanding any other provisions of 

law, no person shall generally be subject 

to penalty for failing to comply with a 

collection of information that does not 

display a valid OMB Control Number. 

See 5 CFR 1320.5(a) and 1320.6. 

DOL seeks PRA authorization for this 

information collection for three (3) 

years. OMB authorization for an ICR 

cannot be for more than three (3) years 

without renewal. The DOL notes that 

information collection requirements 

submitted to the OMB for existing ICRs 

receive a month-to-month extension 

while they undergo review. 

Agency: DOL–OSHA. 

Title of Collection: Respiratory 

Protection Standard. 

OMB Control Number: 1218–0099. 

Affected Public: Private Sector: 

Businesses or other for-profits. 

Total Estimated Number of 

Respondents: 699,048. 

Total Estimated Number of 

Responses: 27,655,682. 

Total Estimated Annual Time Burden: 

8,400,365 hours. 

Total Estimated Annual Other Costs 

Burden: $406,397,821.88. 

(Authority: 44 U.S.C. 3507(a)(1)(D)). 

Crystal Rennie, 

Senior PRA Analyst. 

[FR Doc. 2021–17552 Filed 8–16–21; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

Petition for Modification of Application 

of Existing Mandatory Safety Standard 

AGENCY: Mine Safety and Health 

Administration, Labor. 

ACTION: Notice. 

SUMMARY: This notice includes the 

summary of a petition for modification 

submitted to the Mine Safety and Health 

Administration (MSHA) by the party 

listed below. 

DATES: All comments on the petition 

must be received by MSHA’s Office of 

Standards, Regulations, and Variances 

on or before September 16, 2021. 

ADDRESSES: You may submit your 

comments including the docket number 

of the petition by any of the following 

methods: 

1. Electronic Mail: zzMSHAcomments@dol.gov. Include the docket 

number of the petition in the subject 

line of the message. 

2. Facsimile: 202–693–9441. 

3. Regular Mail or Hand Delivery: 

MSHA, Office of Standards, 

Regulations, and Variances, 201 12th 

Street South, Suite 4E401, Arlington, 

Virginia 22202–5452, Attention: Jessica 

D. Senk, Director, Office of Standards, 

Regulations, and Variances. Persons 

delivering documents are required to 

check in at the receptionist’s desk in 

Suite 4E401. Individuals may inspect 

copies of the petition and comments 

during normal business hours at the 

address listed above. 

MSHA will consider only comments 

postmarked by the U.S. Postal Service or 

proof of delivery from another delivery 

service such as UPS or Federal Express 

on or before the deadline for comments. 

FOR FURTHER INFORMATION CONTACT: 

Jessica D. Senk, Office of Standards, 

Regulations, and Variances at 202–693– 

9440 (voice), Senk.Jessica@dol.gov 

(email), or 202–693–9441 (facsimile). 

[These are not toll-free numbers.] 

SUPPLEMENTARY INFORMATION: Section 

101(c) of the Federal Mine Safety and 

Health Act of 1977 and Title 30 of the 

Code of Federal Regulations (CFR) part 

44 govern the application, processing, 

and disposition of petitions for 

modification. 

I. Background 

Section 101(c) of the Federal Mine 

Safety and Health Act of 1977 (Mine 

Act) allows the mine operator or 

representative of miners to file a 

petition to modify the application of any 

mandatory safety standard to a coal or 

other mine if the Secretary of Labor 

determines that: 

1. An alternative method of achieving 

the result of such standard exists which 

will at all times guarantee no less than 

the same measure of protection afforded 

the miners of such mine by such 

standard; or 

2. The application of such standard to 

such mine will result in a diminution of 

safety to the miners in such mine. 

In addition, sections 44.10 and 44.11 

of 30 CFR establish the requirements for 

filing petitions for modification. 

II. Petition for Modification 

Docket Number: M–2021–026–C. 

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). 

Modification Request: The petitioner 

requests a modification of the existing 

standard, 30 CFR 75.1700, as it relates 

to oil and gas wells at the mine. The 

operator is petitioning to plug two gas 

wells in the Marcellus shale. 

The petitioner states that: 

(a) The Marion County Mine desires 

to plug two ‘‘unconventional’’ gas wells 

in the Marcellus shale not covered by 

the Consent Order at docket No. 2017– 

MSA–06. These are: 

(1) The Esther Clark 1H Marcellus Gas 

Well American Petroleum Institute 

(API) #: 47–061–01616; and 

(2) The Esther Clark 3H Marcellus Gas 

Well API #: 47–061–01623. 

(b) The Marion County Mine employs 

approximately 712 miners and produces 

approximately 25,000 tons of 

bituminous coal per day from the 

Pittsburgh #8 coal seam with an average 

mine height of 84 inches. At this time, 

there are no coal seams being mined 

stratigraphically down section from the 

Pittsburgh seam. The mine is accessed 

through one slope and eight airshafts. 

The mine operates three production 

shifts per day, five days per week, on 

three working sections—one longwall, 

an advancing gate section, and a mains 

section utilizing continuous mining 

machines. The mine liberates 9,000,000 

cubic feet of methane on a daily basis. 

(c) On July 5, 2018, MSHA and 

Marion County entered into a settlement 

concerning the contest of certain 

conditions in a Proposed Decision and 

Order concerning 30 CFR 75.1700 at 

docket No. 2017–MSA–06. That 

agreement specifically excluded certain 

types of wells as follows: 

Unconventional wells in the Marcellus 

and Utica, and all other unconventional 

shale oil and gas wells are not subject 

to this modification. 

The petitioner proposes the following 

alternative method: 

(a) District Manager approval 

required. 

(1) The mine operator shall maintain 

a safety barrier of 300 feet in diameter 

around the Esther Clark 1H and 3H Gas 

Wells until the District Manager 

approves to proceed with mining. 

(2) Prior to mining within the safety 

barrier around these wells, the mine 

operator shall provide to the District 

Manager a sworn affidavit or declaration 

executed by the company official who is 

in charge of health and safety at the 

mine stating that all mandatory 

procedures for cleaning out, preparing, 

and plugging each gas well have been 

completed. The affidavit or declaration 

must be accompanied by all logs, 

electronic or otherwise, described below 

in section (b) (7) and any other records 

the District Manager requires. 

(3) This petition applies to all types 

of underground coal mining at the mine. 

(b) The petitioner proposes to use the 

following mandatory procedures, when 

cleaning out and preparing the Ester 


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Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Notices 46019 

Clark IH and 3H Gas Wells prior to 

plugging. 

(1) The mine operator shall test for gas 

emissions inside the hole before 

cleaning out, preparing, and plugging 

gas wells. The District Manager shall be 

contacted if the well is actively 

producing gas. 

(2) Since these wells are 

unconventional and greater than 4,000 

feet in depth, a diligent effort shall be 

made to remove all the casing in the 

well and clean the well down to the 

original arrowset packer installed just 

above the ‘‘kick off point’’ in the well. 

The mine operator shall completely 

clean out the well from the surface to at 

least the same arrowset packer 

originally installed. The mine operator 

shall provide the District Manager with 

all information it possesses concerning 

the geological nature of the strata and 

the pressure of the well. The mine 

operator shall make a diligent effort to 

remove all material from the entire 

diameter of the well, wall to wall. 

(3) Since these wells are no longer 

producing and are being cleaned and 

prepared subject to this petition, the 

operator must attempt to remove all of 

the casing using a diligent effort, and 

comply with all other applicable 

provisions of the decision and order. 

(4) To make a diligent effort to remove 

the casing, the operator shall pull a 

minimum of 150% of casing string 

weight and/or have made at least three 

attempts to spear or overshot to grip the 

casing for the required minimum pull 

effort. The operator shall keep a record 

of these efforts, including casing length 

and weight, and make the record 

available for MSHA review. 

(5) Perforations or rips are required at 

least every 50 feet from 400 feet below 

the base of the Pittsburgh #8 coal seam 

up to 100 feet above the uppermost 

mineable coal seam. The mine operator 

must take appropriate steps to ensure 

that the annulus between the casing and 

the well walls are filled with expanding 

(minimum 0.5% expansion upon 

setting) cement and contain no voids. 

(6) Jet/sand cutting is one method for 

cut, ripping, or perforating casing with 

three or more strings of casing in the 

Pittsburgh #8 coal seam in preparation 

for mining. This method uses 

compressed nitrogen gas and sand to cut 

the well casings. On active wells, cuts 

start at 200 feet above the bottom of the 

casing at 200 feet intervals, to 200 feet 

below the bottom of the Pittsburgh coal 

seam. 

(7) The mine operator shall prepare 

down-hole logs for each well. Logs shall 

consist of a caliper survey, a bond log 

if appropriate, a deviation survey, and a 

gamma survey for determining the top, 

bottom, and thickness of all coal seams 

down to the coal seam to be mined or 

the lowest mineable coal seam, 

whichever is lower, potential 

hydrocarbon producing strata, and the 

location of any existing bridge plug. In 

addition, a journal shall be maintained 

describing: the depth of each material 

encountered; the nature of each material 

encountered; bit size and type used to 

drill each portion of the hole; length and 

type of each material used to plug the 

well; length of casing(s) removed, 

perforated or ripped, or left in place; 

any sections where casing was cut or 

milled; and other pertinent information 

concerning cleaning and sealing the 

well. Invoices, work-orders, and other 

records relating to all work on the well 

shall be maintained as part of this 

journal and provided to MSHA upon 

request. 

(8) The mine operator shall make a 

diligent effort to remove the casing 

down to the arrowset packer installed 

just above the ‘‘kick off point’’ (where 

the well transitions from vertical to 

horizontal). If all of the vertical casing 

above the existing packer can be 

removed, the mine operator shall 

prepare the well for plugging and use 

seals described below. MSHA may 

retain the right to review and direct the 

mine operator’s sealing protocol, in the 

event geologic or well conditions 

require further measures. 

(9) If the District Manager concludes 

that the completely cleaned-out well is 

emitting excessive amounts of gas, the 

mine operator must place additional 

mechanical bridge plugs in the well. 

(10) The mechanical bridge plug must 

be placed in a competent stratum at 

least 400 feet below the base of the 

lowest mineable coal seam, but above 

the top of the uppermost hydrocarbonproducing stratum, unless the District 

Manager requires a greater distance 

based on his judgment that it is required 

due to the geological strata or the 

pressure within the well. The mine 

operator shall provide the District 

Manager with all information he 

possesses concerning the geological 

nature of the strata and the pressure of 

the well. If it is not possible to set a 

mechanical bridge plug, an 

appropriately sized packer may be used. 

The mine operator shall document what 

has been done to ‘‘kill the well’’ and 

plug the hydrocarbon producing strata. 

(11) If the upper-most hydrocarbonproducing stratum is within 300 feet of 

the base of the Pittsburgh #8 coal seam, 

the mine operator shall properly place 

mechanical bridge plugs as described 

above in section (b) to isolate the 

hydrocarbon-producing stratum from 

the expanding cement plug. 

(12) The mine operator shall place a 

minimum of 400 feet of expanding 

cement below the Pittsburgh #8 coal 

seam, unless the District Manager 

requires a greater distance based on his 

judgment that it is required due to the 

geological strata or due to the pressure 

within the well. 

(c) The petitioner proposes to use the 

following mandatory procedures for 

plugging the Ester Clark 1H and 3H Gas 

Wells to the surface, after completely 

cleaning out the well. 

(1) Cement is specified to be used as 

a plugging material. 

(2) The mine operator shall pump 

cement slurry down the well to form a 

plug which runs from the original 

arrowset packer installed just above the 

‘‘kick off point’’ in the well to 400 feet 

below the Pittsburgh #8 coal seam. The 

cement will be placed in the well under 

a pressure of at least 200 pounds per 

square inch. The mine operator shall 

pump expanding cement slurry down 

the well to form a plug which runs from 

400 feet below the Pittsburgh #8 coal 

seam to the surface. The District 

Manager can modify the cementing plan 

based on his judgment due to the 

geological strata or the pressure within 

the well. 

(3) The mine operator shall embed 

steel turnings or other small magnetic 

particles in the top of the cement near 

the surface to serve as a permanent 

magnetic monument of the well. In the 

alternative, a 4-inch or larger diameter 

casing, set in cement, shall extend at 

least 36 inches above the ground level 

with the API well number engraved or 

welded on the casing. When the hole 

cannot be marked with a physical 

monument (e.g., prime farmland), highresolution GPS coordinates (one-half 

meter resolution) are required. 

(d) The petitioner proposes to use the 

following alternate procedures for 

preparing and plugging or replugging 

the Ester Clark IH and 3H Gas Wells. 

(1) If it is not possible to remove all 

of the casing, the mine operator shall 

notify the District Manager before any 

other work is performed. 

(2) If the well cannot be cleaned out 

or the casing removed, the mine 

operator shall prepare the well as 

described below from the surface to at 

least 400 feet below the base of the 

Pittsburgh #8 coal seam, unless the 

District Manager requires cleaning out 

and removal of casing to a greater depth 

based on his judgement as to what is 

required due to geological strata or the 

pressure within the well. 

(3) If the casing cannot be removed 

from the total depth, the well must be 

filled with cement from the lowest 

possible depth to 400 feet below the 


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46020 Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Notices 

Pittsburgh #8 coal seam, and the other 

applicable provisions in this petition 

still apply; or 

(4) If the casing cannot be removed, 

the casing shall be perforated from 400 

feet below the Pittsburgh #8 coal seam, 

the annuli shall be cemented or 

otherwise filled, and the other 

applicable provisions in this petition 

still apply. 

(5) If the casing cannot be removed, 

the casing must be cut, milled, 

perforated, or ripped at sufficient 

intervals to facilitate the removal of any 

remaining casing in the coal seam by the 

mining equipment. Any casing which 

remains shall be cut, perforated, or 

ripped to permit the injection of cement 

into voids within and around the well. 

All casing remaining at the Pittsburgh 

#8 coal seam shall be cut, perforated, or 

ripped at least every 5 feet from 10 feet 

below the coal seam to 10 feet above the 

coal seam. 

(6) If the mine operator, using a casing 

bond log, can demonstrate to the District 

Manager’s satisfaction that all annuli in 

the well are already adequately sealed 

with cement, the mine operator will not 

be required to perforate or rip the casing 

for that particular well. When multiple 

casing and tubing strings are present in 

the coal horizon(s), any casing which 

remains shall be ripped or perforated 

and filled with expanding cement as 

indicated above. An acceptable casing 

bond log for each casing and tubing 

string is needed if used in lieu of 

ripping or perforating multiple strings. 

(e) The petitioner proposed to use the 

following mandatory procedures when 

mining within a 100-foot diameter 

barrier around the Esther Clark 1H and 

3H Gas Wells. 

(1) A representative of the mine 

operator, a representative of the miners, 

the appropriate State agency, or the 

MSHA District Manager may request 

that a conference be conducted prior to 

intersecting any plugged well. Upon 

receipt of any such request, the District 

Manager shall schedule such a 

conference. The party requesting the 

conference shall notify all other parties 

listed above within a reasonable time 

prior to the conference to provide 

opportunity for participation. The 

purpose of the conference shall be to 

review, evaluate, and accommodate any 

abnormal or unusual circumstance 

related to the condition of the well or 

surrounding strata when such 

conditions are encountered. 

(2) The mine operator shall intersect 

a well on a shift approved by the 

District Manager. The mine operator 

shall notify the District Manager and the 

miners’ representative in sufficient time 

prior to intersecting a well to provide an 

opportunity to have representatives 

present. 

(3) When using continuous mining 

methods, the mine operator shall install 

drivage sites at the last open crosscut 

near the place to be mined to ensure 

intersection of the well. The drivage 

sites shall not be more than 50 feet from 

the well. When using longwall-mining 

methods, distance markers shall be 

installed on 5-foot centers for a distance 

of 50 feet in advance of the well in the 

headgate entry and in the tailgate entry. 

(4) When either the conventional or 

continuous mining method is used, the 

mine operator shall ensure that firefighting equipment including fire 

extinguishers, rock dust, and sufficient 

fire hose to reach the workingface area 

of the well intersection is available and 

operable during all well intersections. 

The fire hose shall be located in the last 

open crosscut of the entry or room. The 

mine operator shall maintain the water 

line to the belt conveyor tailpiece along 

with a sufficient amount of fire hose to 

reach the farthest point of penetration 

on the section. When the longwall 

mining method is used, a hose to the 

longwall water supply is sufficient. 

(5) The mine operator shall ensure 

that sufficient supplies of roof support 

and ventilation materials shall be 

available and located at the last open 

crosscut. In addition, emergency plugs 

and suitable sealing materials shall be 

available in the immediate area of the 

well intersection. 

(6) On the shift prior to intersecting 

the well, the mine operator shall service 

all equipment and check it for 

permissibility. Water sprays, water 

pressures, and water flow rates used for 

dust and spark suppression shall he 

examined and any deficiencies 

corrected. 

(7) The mine operator shall calibrate 

the methane monitor(s) on the longwall, 

continuous mining machine, or cutting 

machine and loading machine on the 

shift prior to intersecting the well. 

(8) When mining is in progress, the 

mine operator shall test for methane 

with a handheld methane detector at 

least every 10 minutes from when 

mining with the continuous mining 

machine or longwall face is within 30 

feet of the well until the well is 

intersected. During the actual cutting 

process, no individual shall be allowed 

on the return side until the well 

intersection has been completed and the 

area has been examined and declared 

safe. All workplace examinations on the 

return side of the shearer will be 

conducted while the shearer is idle. The 

mine operator’s most current Approved 

Ventilation Plan will be followed at all 

times unless the District Manager deems 

a greater air velocity for the intersect is 

necessary. 

(9) When using continuous or 

conventional mining methods, the 

working place shall be free from 

accumulations of coal dust and coal 

spillages, and rock dust shall be placed 

on the roof, rib, and floor to within 20 

feet of the face when intersecting the 

well. On longwall sections, rockdusting 

shall be conducted and placed on the 

roof, rib, and floor up to both the 

headgate and tailgate gob. 

(10) When the well is intersected, the 

mine operator shall de-energize all 

equipment and thoroughly examine and 

determine the area to be safe before 

permitting mining to resume. 

(11) After a well has been intersected 

and the working place determined to be 

safe, mining shall continue inby the 

well a sufficient distance to permit 

adequate ventilation around the area of 

the well. 

(12) If the casing is cut or milled at 

the coal seam level, the use of torches 

should not be necessary. However, in 

rare instances, torches may be used for 

inadequately or inaccurately cut or 

milled casings. No open flame shall be 

permitted in the area until adequate 

ventilation has been established around 

the well bore and methane levels of less 

than 1.0% are present in all areas that 

will be exposed to flames and sparks 

from the torch. The mine operator shall 

apply a thick layer of rock dust to the 

roof, face, floor, ribs, and any exposed 

coal within 20 feet of the casing prior 

to the use of torches. 

(13) Non-sparking (brass) tools will be 

available and will be used exclusively to 

expose and examine cased wells. 

(14) No person shall be permitted in 

the area of the well intersection except 

those actually engaged in the operation, 

including company personnel, 

representatives of the miners, personnel 

from MSHA, and personnel from the 

appropriate State agency. 

(15) The mine operator shall alert all 

personnel in the mine to the planned 

intersection of the well prior to their 

going underground if the planned 

intersection is to occur during their 

shift. This warning shall be repeated for 

all shifts until the well has been mined 

through. 

(16) The well intersection shall be 

under the direct supervision of a 

certified individual. Instructions 

concerning the well intersection shall be 

issued only by the certified individual 

in charge. 

(17) If the mine operator cannot find 

the well in the longwall panel or if a 

development section misses the 

anticipated intersection, the mine 

operator shall cease mining to examine 


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Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Notices 46021 

for hazardous conditions at the 

projected location of the well, notify the 

District Manager, and take reasonable 

measures to locate the well, including 

visual observation/inspection or 

through survey data. Mining may 

resume if the well is located and no 

hazardous conditions exist. If the well 

cannot be located, the mine operator 

shall work with District Manager to 

resolve any issues before mining 

resumes. 

(18) The provisions of this petition do 

not impair the authority of 

representatives of MSHA to interrupt or 

halt the well intersection and to issue a 

withdrawal order when they deem it 

necessary for the safety of the miners. 

MSHA may order an interruption or 

cessation of the well intersection and/or 

a withdrawal of personnel by issuing 

either a verbal or written order to that 

effect to a representative of the mine 

operator. Operations in the affected area 

of the mine may not resume until a 

representative of MSHA permits 

resumption. The mine operator and 

miners shall comply with verbal or 

written MSHA orders immediately. All 

verbal orders shall be committed to 

writing within a reasonable time as 

conditions permit. 

(19) A copy of the decision and order 

shall be maintained at the mine and 

available to the miners. 

(20) If the well is not plugged to the 

total depth of all minable coal seams 

identified in the core hole logs, any coal 

seams beneath the lowest plug will 

remain subject to the barrier 

requirements of 30 CFR 75.1700, should 

those coal seams be developed in the 

future. 

(21) All necessary safety precautions 

and safe practices according to Industry 

Standards and required by MSHA 

regulations and State regulatory 

agencies having jurisdiction over the 

plugging site will be followed to provide 

the upmost protection to the miners 

involved in the process. 

(22) All miners involved in the 

plugging or re-plugging operations will 

be trained on the contents of the 

decision and order prior to starting the 

process, and a copy of the decision and 

order will be posted at the well site 

until the plugging or re-plugging has 

been completed. 

(23) Mechanical bridge plugs should 

incorporate the best available 

technologies that are either required or 

recognized by the State regulatory 

agency and/or oil and gas industry. 

(24) Within 30 days after the decision 

and order becomes final, the mine 

operator shall submit proposed 

revisions for its approved 30 CFR part 

48 training plan to the District Manager. 

These proposed revisions shall include 

initial and refresher training on 

compliance with the terms and 

conditions stated in the decision and 

order. The mine operator shall provide 

all miners involved in well intersection 

with training on the requirements of the 

decision and order prior to mining 

within 150 feet of the well intended to 

be mined through. 

(25) The responsible person required 

under 30 CFR 75.1501 (Emergency 

evacuations) is responsible for well 

intersection emergencies. The well 

intersection procedures should be 

reviewed by the responsible person 

prior to any planned intersection. 

(26) Within 30 days after the decision 

and order becomes final, the mine 

operator shall submit proposed 

revisions for its approved mine 

emergency evacuation and firefighting 

program of instruction required under 

30 CFR 75.1502. The mine operator will 

revise the program of instruction to 

include the hazards and evacuation 

procedures to be used for well 

intersections. All underground miners 

will be trained in this revised plan 

within 30 days of submittal. 

The petitioner asserts that the 

alternate method proposed will at all 

times guarantee no less than the same 

measure of protection afforded the 

miners under the mandatory standard. 

Jessica Senk, 

Director, Office of Standards, Regulations, 

and Variances. 

[FR Doc. 2021–17554 Filed 8–16–21; 8:45 am] 

BILLING CODE 4520–43–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

Petitions for Modification of 

Application of Existing Mandatory 

Safety Standards 

AGENCY: Mine Safety and Health 

Administration, Labor. 

ACTION: Notice. 

SUMMARY: This notice is a summary of 

three petitions for modification 

submitted to the Mine Safety and Health 

Administration (MSHA) by the party 

listed below. 

DATES: All comments on the petitions 

must be received by MSHA’s Office of 

Standards, Regulations, and Variances 

on or before September 16, 2021. 

ADDRESSES: You may submit your 

comments including the docket number 

of the petition by any of the following 

methods: 

1. Electronic Mail: zzMSHAcomments@dol.gov. Include the docket 

number of the petition in the subject 

line of the message. 

2. Facsimile: 202–693–9441. 

3. Regular Mail or Hand Delivery: 

Regular Mail or Hand Delivery: MSHA, 

Office of Standards, Regulations, and 

Variances, 201 12th Street South, Suite 

4E401, Arlington, Virginia 22202–5452, 

Attention: Jessica D. Senk, Director, 

Office of Standards, Regulations, and 

Variances. Persons delivering 

documents are required to check in at 

the receptionist’s desk in Suite 4E401. 

Individuals may inspect copies of the 

petition and comments during normal 

business hours at the address listed 

above. MSHA will consider only 

comments postmarked by the U.S. 

Postal Service or proof of delivery from 

another delivery service such as UPS or 

Federal Express on or before the 

deadline for comments. 

FOR FURTHER INFORMATION CONTACT: 

Jessica D. Senk, Office of Standards, 

Regulations, and Variances at 202–693– 

9440 (voice), Senk.Jessica@dol.gov 

(email), or 202–693–9441 (facsimile). 

[These are not toll-free numbers.] 

SUPPLEMENTARY INFORMATION: Section 

101(c) of the Federal Mine Safety and 

Health Act of 1977 and Title 30 of the 

Code of Federal Regulations (CFR) part 

44 govern the application, processing, 

and disposition of petitions for 

modification. 

I. Background 

Section 101(c) of the Federal Mine 

Safety and Health Act of 1977 (Mine 

Act) allows the mine operator or 

representative of miners to file a 

petition to modify the application of any 

mandatory safety standard to a coal or 

other mine if the Secretary of Labor 

determines that: 

1. An alternative method of achieving 

the result of such standard exists which 

will at all times guarantee no less than 

the same measure of protection afforded 

the miners of such mine by such 

standard; or 

2. The application of such standard to 

such mine will result in a diminution of 

safety to the miners in such mine. 

In addition, sections 44.10 and 44.11 

of 30 CFR establish the requirements for 

filing petitions for modification. 

II. Petitions for Modification 

Docket Number: M–2021–027–C. 

Petitioner: Emery County Coal 

Resources, Inc., P.O. Box 910, East 

Carbon, Utah (ZIP 84520). 

Mine: Lila Canyon Mine, MSHA ID 

No. 42–02241, located in Carbon 

County, Utah. 

Regulation Affected: 30 CFR 75.507– 

1(a) (Electric equipment other than 


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