[Federal Register Volume 77, Number 202 (Thursday, October 18, 2012)]
[Notices]
[Pages 64144-64146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25658]


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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: Section 101(c) of the Federal Mine Safety and Health Act of 
1977 and 30 CFR part 44 govern the application, processing, and 
disposition of petitions for modification. This Federal Register Notice 
notifies the public that MSHA has investigated and issued a final 
decision on certain mine operator petitions to modify a safety 
standard.

ADDRESSES: Copies of the final decisions are posted on MSHA's Web Site 
at http://www.msha.gov/indexes/

[[Page 64145]]

petition.htm. The public may inspect the petitions and final decisions 
during normal business hours in MSHA's Office of Standards, Regulations 
and Variances, 1100 Wilson Boulevard, Room 2349, Arlington, Virginia 
22209. All visitors must first stop at the receptionist desk on the 
21st Floor to sign in.

FOR FURTHER INFORMATION CONTACT: Roslyn B. Fontaine, Office of 
Standards, Regulations and Variances at 202-693-9475 (Voice), 
[email protected] (Email), or 202-693-9441 (Telefax), or Barbara 
Barron at 202-693-9447 (Voice), [email protected] (Email), or 202-
693-9441 (Telefax). [These are not toll-free numbers].

SUPPLEMENTARY INFORMATION: 

I. Introduction

    Under section 101 of the Federal Mine Safety and Health Act of 
1977, a mine operator may petition and the Secretary of Labor 
(Secretary) 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) that 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.

II. Granted Petitions for Modification

    On the basis of the findings of MSHA's investigation, and as 
designee of the Secretary, MSHA has granted or partially granted the 
following petitions for modification:

     Docket Number: M-2010-036-C.
    FR Notice: 75 FR 75499 (12/3/2010).
    Petitioner: Sequoia Energy, LLC, P.O. Box 838, Middlesboro, 
Kentucky 40965.
    Mine: Sequoia Preparation Facility, MSHA I.D. No. 15-12428, located 
in Harlan County, Kentucky.
    Regulation Affected: 30 CFR 77.214 (Refuse piles; general).

     Docket Number: M-2011-004-C.
    FR Notice: 76 FR 22153 (4/20/2011).
    Petitioner: AMFIRE Mining Company, LLC, One Energy Place, Latrobe, 
Pennsylvania 15650.
    Mine: Barrett Mine, MSHA I.D. No. 36-09342, located in Indiana 
County, Pennsylvania.
    Regulation Affected: 30 CFR 75.503 (Permissible electric face 
equipment; maintenance) and 30 CFR 18.35(a)(5)(i) (Portable (trailing) 
cables and cords).

     Docket Number: M-2011-005-C.
    FR Notice: 76 FR 22153 (4/20/2011).
    Petitioner: AMFIRE Mining Company, LLC, One Energy Place, Latrobe, 
Pennsylvania 15650.
    Mine: Gillhouser Run Mine, MSHA I.D. No. 36-09033, located in 
Indiana County, Pennsylvania.
    Regulation Affected: 30 CFR 75.503 (Permissible electric face 
equipment; maintenance) and 30 CFR 18.35(a)(5)(i) (Portable (trailing) 
cables and cords).

     Docket Number: M-2011-018-C.
    FR Notice: 76 FR 37835 (6/28/2011).
    Petitioner: Dominion Coal Corporation, P.O. Box 70, Vansant, 
Virginia 24656.
    Mine: Mine No. 36, MSHA I.D. No. 44-06759, located in Buchanan 
County, Virginia.
    Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).

     Docket Number: M-2011-020-C.
    FR Notice: 76 FR 37833 (6/28/2011).
    Petitioner: Luminant Mining Company, 500 N Akard Street, Dallas, 
Texas 75201.
    Mines: Bremond Strip Mine, MSHA I.D. No. 41-02788, located in 
Robertson County, Texas; Three Oaks Strip Mine, MSHA I.D. No. 41-04085, 
located in Lee County, Texas; Leesburg Strip Mine, MSHA I.D. No. 41-
04444, located in Titus County, Texas; Kosse Strip Mine, MSHA I.D. No. 
41-04586, located in Limestone County, Texas; and Turlington Strip 
Mine, MSHA I.D. No. 41-04802, located in Freestone County, Texas;
    Regulation Affected: 30 CFR 77.803 (Fail safe ground check circuits 
on high-voltage resistance grounded systems).

     Docket Number: M-2011-021-C.
    FR Notice: 76 FR 37834 (6/28/2011).
    Petitioner: Buckskin Mining Company (Previously Triton Coal 
Company), P.O. Box 3027, Gillette, Wyoming 87217-3027.
    Mine: Buckskin Mine, MSHA I.D. No. 48-01200, located in Campbell 
County, Wyoming.
    Regulation Affected: 30 CFR 77.1607(u) (Loading and haulage 
equipment; operation).

     Docket Number: M-2011-025-C.
    FR Notice: 76 FR 54803 (9/2/2011).
    Petitioner: AMFIRE Mining Company, LLC, One Energy Place, Latrobe, 
Pennsylvania 15650.
    Mine: Dora 8 Mine, MSHA I.D. No. 36-08704, located in Jefferson 
County, Pennsylvania.
    Regulation Affected: 30 CFR 75.503 (Permissible electric equipment; 
maintenance) and 30 CFR 18.35(a)(5)(i) (Portable (trailing) cables and 
cords).

     Docket Number: M-2011-027-C.
    FR Notice: 76 FR 54804 (9/2/2011).
    Petitioner: Midland Trail Energy, LLC, 3301 Point Lick Drive, 
Charleston, West Virginia 25306.
    Mine: Blue Creek No. 1 Deep Mine, MSHA I.D. No. 46-09297, located 
in Kanawha County, West Virginia.
    Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).

     Docket Number: M-2011-041-C.
    FR Notice: 77 FR 811 (1/6/2012).
    Petitioner: D & F Deep Mine, 15 Motter Drive, Pine Grove, 
Pennsylvania 17963.
    Mine: Buck Drift 2 Mine, MSHA I.D. No. 36-09963, located 
in Schuylkill County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1200(d) & (i) (Mine map).

     Docket Number: M-2011-042-C.
    FR Notice: 77 FR 811 (1/6/2012).
    Petitioner: D & F Deep Mine, 15 Motter Drive, Pine Grove, 
Pennsylvania 17963.
    Mine: Buck Drift 2 Mine, MSHA I.D. No. 36-099963, located 
in Schuylkill County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1202 and 75.1202-1(a) (Temporary 
notations, revisions and requirements).

     Docket Number: M-2011-043-C.
    FR Notice: 77 FR 811 (1/6/2012).
    Petitioner: D & F Deep Mine, 15 Motter Drive, Pine Grove, 
Pennsylvania 17963.
    Mine: Buck Drift 2 Mine, MSHA I.D. No. 36-09963, located 
in Schuylkill County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1400 (Hoisting equipment; general).

     Docket Number: M-2012-004-C.
    FR Notice: 77 FR 14439 (3/9/2012).
    Petitioner: Little Buck Coal Company 2, 33 Pine Lane, Pine 
Grove, Pennsylvania 17963.
    Mine: Little Buck Slope Mine, MSHA I.D. No. 36-09958, located in 
Schuylkill County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1200(d) and (i) (Mine maps).

     Docket Number: M-2012-005-C.
    FR Notice: 77 FR 14439 (3/9/2012).
    Petitioner: Little Buck Coal Company 2, 33 Pine Lane, Pine 
Grove, Pennsylvania 17963.
    Mine: Little Buck Slope Mine, MSHA I.D. No. 36-09958, located in 
Schuylkill County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1202 and 75.1202-1(a) (Temporary 
notations, revisions and requirements).

     Docket Number: M-2012-006-C.
    FR Notice: 77 FR 14439 (3/9/2012).
    Petitioner: Little Buck Coal Company 2, 33 Pine Lane, Pine 
Grove, Pennsylvania 17963.

[[Page 64146]]

    Mine: Little Buck Slope Mine, MSHA I.D. No. 36-09958, located in 
Schuylkill County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1400 (Hoisting equipment; general).

    Dated: October 15, 2012.
George F. Triebsch,
Director, Office of Standards, Regulations and Variances.
[FR Doc. 2012-25658 Filed 10-17-12; 8:45 am]
BILLING CODE 4510-43-P