[Federal Register Volume 87, Number 135 (Friday, July 15, 2022)]
[Notices]
[Pages 42503-42505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15127]


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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 January 1, 2022, 
and June 30, 2022.

ADDRESSES: Copies of the final decisions are posted on MSHA's website 
at https://www.msha.gov/regulations/rulemaking/petitions-modification. 
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#9ad4f5ffb4c9f5f4fdb7dbffb4dbdafef5f6b4fdf5ec"><span class="__cf_email__" data-cfemail="fcb29399d2af93929bd1bd99d2bdbc989390d29b938a">[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 (87 FR 10256) included petitions granted through December 31, 
2021, listed below are petitions granted between January 1, 2022, and 
June 30, 2022. The granted petitions are shown in the order that MSHA 
received them.

    <bullet> Docket Number: M-2020-018-C-AG.
    FR Notice: 85 FR 58396 (9/18/2020).
    Petitioner: Peabody Southeast Mining, LLC, 654 Camp Creek Portal 
Road, Oakman, Alabama 35579.
    Mine: Shoal Creek Mine, MSHA ID No. 01-02901, located in Jefferson 
County, Alabama.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).

    <bullet> Docket Number: M-2020-019-C-AG.
    FR Notice: 85 FR 58396 (9/18/2020).
    Petitioner: Peabody Southeast Mining, LLC, 654 Camp Creek Portal 
Road, Oakman, Alabama 35579.
    Mine: Shoal Creek Mine, MSHA ID No. 01-02901, located in Jefferson 
County, Alabama.
    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-2020-020-C-AG.
    FR Notice: 85 FR 58396 (9/18/2020).
    Petitioner: Peabody Southeast Mining, LLC, 654 Camp Creek Portal 
Road, Oakman, Alabama 35579.
    Mine: Shoal Creek Mine, MSHA ID No. 01-02901, located in Jefferson 
County, Alabama.
    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors; permissibility).

    <bullet> Docket Number: M-2021-010-C.
    FR Notice: 86 FR 28385 (5/26/2021).
    Petitioner: Consol Pennsylvania Coal Company, LLC, 1000 Consol 
Energy Drive, Canonsburg, Pennsylvania, 15317.
    Mine: Bailey Mine, MSHA ID No. 36-07230, located in Greene County, 
Pennsylvania.
    Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other 
than power-connection points; outby the last open crosscut; return air; 
permissibility requirements).


[[Page 42504]]


    <bullet> Docket Number: M-2021-011-C.
    FR Notice: 86 FR 28385 (5/26/2021).
    Petitioner: Consol Pennsylvania Coal Company, LLC, 1000 Consol 
Energy Drive, Canonsburg, Pennsylvania, 15317.
    Mine: Bailey Mine, MSHA ID No. 36-07230, located in Greene County, 
Pennsylvania.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).

    <bullet> Docket Number: M-2021-012-C.
    FR Notice: 86 FR 28385 (5/26/2021).
    Petitioner: Consol Pennsylvania Coal Company, LLC, 1000 Consol 
Energy Drive, Canonsburg, Pennsylvania, 15317.
    Mine: Bailey Mine, MSHA ID No. 36-07230, located in Greene County, 
Pennsylvania.
    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors: Permissibility).

    <bullet> Docket Number: M-2021-013-C.
    FR Notice: 86 FR 28391 (5/26/2021).
    Petitioner: Consol Pennsylvania Coal Company, LLC, 1000 Consol 
Energy Drive, Canonsburg, Pennsylvania, 15317.
    Mine: Harvey Mine, MSHA ID No. 36-10045, located in Greene County, 
Pennsylvania.
    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-2021-014-C.
    FR Notice: 86 FR 28391 (5/26/2021).
    Petitioner: Consol Pennsylvania Coal Company, LLC, 1000 Consol 
Energy Drive, Canonsburg, Pennsylvania, ZIP 15317.
    Mine: Harvey Mine, MSHA ID No. 36-10045, located in Greene County, 
Pennsylvania.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).

    <bullet> Docket Number: M-2021-015-C.
    FR Notice: 86 FR 28391 (5/26/2021).
    Petitioner: Consol Pennsylvania Coal Company, LLC, 1000 Consol 
Energy Drive, Canonsburg, Pennsylvania, ZIP 15317.
    Mine: Harvey Mine, MSHA ID No. 36-10045, located in Greene County, 
Pennsylvania.
    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors: Permissibility).

    <bullet> Docket Number: M-2021-016-C.
    FR Notice: 86 FR 28906 (05/28/2021).
    Petitioner: Consol Pennsylvania Coal Company, LLC, 1000 Consol 
Energy Drive, Canonsburg, Pennsylvania, 15317.
    Mine: Enlow Fork Mine, MSHA ID No. 36-07416, located in Washington 
County, Pennsylvania.
    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-2021-017-C.
    FR Notice: 86 FR 28906 (05/28/2021).
    Petitioner: Consol Pennsylvania Coal Company, LLC, 1000 Consol 
Energy Drive, Canonsburg, Pennsylvania, 15317.
    Mine: Enlow Fork Mine, MSHA ID No. 36-07416, located in Washington 
County, Pennsylvania.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).

    <bullet> Docket Number: M-2021-018-C.
    FR Notice: 86 FR 28906 (05/28/2021).
    Petitioner: Consol Pennsylvania Coal Company, LLC, 1000 Consol 
Energy Drive, Canonsburg, Pennsylvania, 15317.
    Mine: Enlow Fork Mine, MSHA ID No. 36-07416, located in Washington 
County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors: Permissibility).
    <bullet> Docket Number: M-2021-019-C.
    FR Notice: 86 FR 33773 (06/25/2021) and correction published in 86 
FR 35538 (07/06/2021).
    Petitioner: Consol Pennsylvania Coal Company, LLC, 1000 Consol 
Energy Drive, Canonsburg, Pennsylvania, 15317.
    Mine: Itmann No. 5 Mine, MSHA ID No. 46-09569, located in Wyoming 
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-2021-020-C.
    FR Notice: 86 FR 33773 (06/25/2021) and correction published in 86 
FR 35538 (07/06/2021).
    Petitioner: Consol Pennsylvania Coal Company, LLC, 1000 Consol 
Energy Drive, Canonsburg, Pennsylvania, 15317.
    Mine: Itmann No. 5 Mine, MSHA ID No. 46-09569, located in Wyoming 
County, West Virginia.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).

    <bullet> Docket Number: M-2021-021-C.
    FR Notice: 86 FR 33773 (06/25/2021) and correction published in 86 
FR 35538 (07/06/2021).
    Petitioner: Consol Pennsylvania Coal Company, LLC, 1000 Consol 
Energy Drive, Canonsburg, Pennsylvania, 15317.
    Mine: Itmann No. 5 Mine, MSHA ID No. 46-09569, located in Wyoming 
County, West Virginia.
    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors: permissibility).

    <bullet> Docket Number: M-2021-022-C.
    FR Notice: 86 FR 30984 (6/10/2021).
    Petitioner: Buchanan Minerals, LLC, 1636 Honaker Branch Road, 
Oakwood, Virginia, 24639.
    Mine: Buchanan No. 1 Mine, MSHA ID No. 44-04856, located in 
Buchanan County, 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-2021-023-C.
    FR Notice: 86 FR 30984 (6/10/2021).
    Petitioner: Buchanan Minerals, LLC, 1636 Honaker Branch Road, 
Oakwood, Virginia, 24639.
    Mine: Buchanan No. 1 Mine, MSHA ID No. 44-04856, located in 
Buchanan County, Virginia.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).

    <bullet> Docket Number: M-2021-024-C.
    FR Notice: 86 FR 30984 (6/10/2021).
    Petitioner: Buchanan Minerals, LLC, 1636 Honaker Branch Road, 
Oakwood, Virginia, 24639.
    Mine: Buchanan No. 1 Mine, MSHA ID No. 44-04856, located in 
Buchanan County, Virginia.
    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors; permissibility).

    <bullet> Docket Number: M-2021-030-C.
    FR Notice: 86 FR 51679 (9/16/2021).
    Petitioner: Rosebud Mining Company, 301 Market Street, Kittanning, 
Pennsylvania, 16201.
    Mine: Heilwood Mine, MSHA ID No. 36-09407, located in Indiana 
County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).

    <bullet> Docket Number: M-2021-045-C.
    FR Notice: 87 FR 9644 (2/22/2022).
    Petitioner: Signal Peak Energy, LLC, 100 Portal Drive, Roundup, 
Montana 59072.
    Mine: Bull Mountains Mine No. 1, MSHA ID No. 24-01950, located in 
Musselshell County, Montana.
    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors; permissibility).

    <bullet> Docket Number: M-2022-002-C.
    FR Notice: 87 FR 9644 (2/22/2022).
    Petitioner: Signal Peak Energy, LLC, 100 Portal Drive, Roundup, 
Montana 59072.

[[Page 42505]]

    Mine: Bull Mountains Mine No. 1, MSHA ID No. 24-01950, located in 
Musselshell County, Montana.
    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. 2022-15127 Filed 7-14-22; 8:45 am]
BILLING CODE 4520-43-P


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