[Federal Register Volume 83, Number 49 (Tuesday, March 13, 2018)]
[Notices]
[Pages 10904-10905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04992]


-----------------------------------------------------------------------

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 the Code of 
Federal Regulations 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 website 
at https://www.msha.gov/regulations/rulemaking/petitions-modification. 
The public may inspect the petitions and final decisions during normal 
business hours in MSHA's Office of Standards, Regulations, and 
Variances, 201 12th Street South, Suite 4E401, Arlington, Virginia 
22202. All visitors are required to check in at the receptionist's desk 
in Suite 4E401.

FOR FURTHER INFORMATION CONTACT: 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

[[Page 10905]]

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.

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-2016-031-C.
    FR Notice: 81 FR 81810 (11/18/2016).
    Petitioner: S & J Coal Mine, 15 Motter Drive, Pine Grove, 
Pennsylvania 17963-8854.
    Mine: Slope #2 Mine, MSHA I.D. No. 36-09963, located in Schuylkill 
County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors; permissibility).

     Docket Number: M-2017-001-C.
    FR Notice: 82 FR 16068 (3/31/2017).
    Petitioner: Mettiki Coal WV, LLC, 293 Table Rock Road, Oakland, 
Maryland 21550.
    Mine: Mountain View Mine, MSHA I.D. No. 46-09028, located in Tucker 
County, West Virginia.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).

     Docket Number: M-2017-002-C.
    FR Notice: 82 FR 16068 (3/31/2017).
    Petitioner: Mettiki Coal WV, LLC, 293 Table Rock Road, Oakland, 
Maryland 21550.
    Mine: Mountain View Mine, MSHA I.D. No. 46-09028, located in Tucker 
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).

     Docket Number: M-2017-003-C.
    FR Notice: 82 FR 16068 (3/31/2017).
    Petitioner: Mettiki Coal WV, LLC, 293 Table Rock Road, Oakland, 
Maryland 21550.
    Mine: Mountain View Mine, MSHA I.D. No. 46-09028, located in Tucker 
County, West Virginia.
    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors; permissibility).

     Docket Number: M-2017-008-C.
    FR Notice: 82 FR 26954 (6/12/2017).
    Petitioner: Excel Mining, LLC, 4126 State Highway 194 West, 
Pikeville, Kentucky 41501.
    Mine: Excel Mining #4 Mine, MSHA I.D. No. 15-19515, located in Pike 
County, Kentucky.
    Regulation Affected: 30 CFR 75.1909(b)(6) (Nonpermissible diesel 
powered equipment; design and performance requirements).

     Docket Number: M-2017-002-M.
    FR Notice: 82 FR 34701 (7/26/2017).
    Petitioner: Martin Marietta Materials, Inc., Midwest Division, 
11252 Aurora Avenue, Des Moines, Iowa 50322.
    Mine: Fort Calhoun Underground Mine, 5765 County Road P 30, Fort 
Calhoun, Nebraska 68023, MSHA I.D. No. 25-01300, located in Washington 
County, Nebraska.
    Regulation Affected: 30 CFR 57.11052(d) (Refuge areas).

Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2018-04992 Filed 3-12-18; 8:45 am]
 BILLING CODE 4520-43-P