[Federal Register Volume 84, Number 48 (Tuesday, March 12, 2019)]
[Notices]
[Pages 8897-8898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04436]


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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 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 (fax). [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) 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-2012-131-C.
    FR Notice: 77 FR 42005 (7/17/2012).
    Petitioner: Buchanan Minerals, LLC (formerly Blue Diamond Coal 
Company of Virginia), Three Gateway Center, Suite 1340, 401 Liberty 
Avenue, Pittsburgh, Pennsylvania 15222-1000.
    Mine: Laurel Fork Mine (formerly Mine No. 1), MSHA I.D. No. 46-
09084, located in McDowell County, West Virginia.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).

     Docket Number: M-2012-132-C.
    FR Notice: 77 FR 42006 (7/17/2012).
    Petitioner: Buchanan Minerals, LLC (formerly Blue Diamond Coal 
Company of Virginia), Three Gateway Center, Suite 1340, 40l Liberty 
Avenue, Pittsburgh, Pennsylvania 15222-1000.
    Mine: Laurel Fork Mine (formerly Mine No. 1), MSHA I.D. No. 46-
09084, located in McDowell 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-2012-133-C.
    FR Notice: 77 FR 42006 (7/17/2012).
    Petitioner: Buchanan Minerals, LLC (formerly Blue Diamond Coal 
Company of Virginia), Three Gateway Center, Suite 1340, 40l Liberty 
Avenue, Pittsburgh, Pennsylvania 15222-1000.
    Mine: Laurel Fork Mine (formerly Mine No. 1), MSHA I.D. No. 46-
09084, located in McDowell County, West Virginia.
    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors; permissibility).

     Docket Number: M-2012-139-C.
    FR Notice: 77 FR 42010 (7/17/2012).
    Petitioner: The Monongalia County Coal Company (formerly 
Consolidation Coal Company), Three Gateway Center, Suite 1340, 40l 
Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
    Mine: Monongalia County Mine (formerly Blacksville No. 2 Mine), 
MSHA I.D. No. 46-01968, located in Monongalia County, West Virginia.
    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors; permissibility).

     Docket Number: M-2012-144-C.
    FR Notice: 77 FR 42013 (7/17/2012).
    Petitioner: Marion County Coal Company (formerly Consolidation Coal 
Company), Three Gateway Center, Suite 1340, 40l Liberty Avenue, 
Pittsburgh, Pennsylvania 15222-1000.
    Mine: Marion County Mine (formerly Loveridge No. 22 Mine), MSHA 
I.D. 46-01433, located in Marion 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-2012-146-C.
    FR Notice: 77 FR 42014 (7/17/2012).
    Petitioner: The Marshall County Coal Company (formerly McElroy Coal 
Company), Three Gateway Center, Suite 1340, 40l Liberty Avenue, 
Pittsburgh, Pennsylvania 15222-1000.
    Mine: Marshall County Mine (formerly McElroy Mine), MSHA I.D. No. 
46-01437, located in Marshall County, West Virginia.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).

     Docket Number: M-2012-148-C.
    FR Notice: 77 FR 42016 (7/17/2012).
    Petitioner: The Marshall County Coal Company (formerly McElroy Coal 
Company), Three Gateway Center, Suite 1340, 40l Liberty Avenue, 
Pittsburgh, Pennsylvania 15222-1000.
    Mine: Marshall County Mine (formerly McElroy Mine), MSHA I.D. No. 
46-01437, located in Marshall County, West Virginia.
    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors; permissibility).

     Docket Number: M-2013-011-C.
    FR Notice: 78 FR 13092 (2/26/2013).
    Petitioner: Peabody Midwest Mining, LLC, Three Gateway Center, 
Suite 1500,

[[Page 8898]]

40l Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
    Mine: Wildcat Hills Underground Mine, MSHA I.D. No. 11-03156, 
located in Saline County, Illinois.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).

     Docket Number: M-2014-002-C.
    FR Notice: 79 FR 11137 (2/27/2014).
    Petitioner: Consol Pennsylvania Coal Company, LLC, Three Gateway 
Center, Suite 1500, 40l Liberty Avenue, Pittsburgh, Pennsylvania 15222-
1000.
    Mine: Harvey Mine (formerly BMX Mine, MSHA I.D. No. 36-10045, 
located in Greene County, Pennsylvania.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).

     Docket Number: M-2014-003-C.
    FR Notice: 79 FR 11138 (2/27/2014).
    Petitioner: Consol Pennsylvania Coal Company, LLC, Three Gateway 
Center, Suite 1500, 40l Liberty Avenue, Pittsburgh, Pennsylvania 15222-
1000.
    Mine: Harvey Mine (formerly BMX Mine), MSHA I.D. 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).

     Docket Number: M-2014-004-C.
    FR Notice: 79 FR 11138 (2/27/2014).
    Petitioner: Consol Pennsylvania Coal Company, LLC, Three Gateway 
Center, Suite 1500, 40l Liberty Avenue, Pittsburgh, Pennsylvania 15222-
1000.
    Mine: Harvey Mine (formerly BMX Mine), MSHA I.D. No. 36-10045, 
located in Greene County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors; permissibility).

     Docket Number: M-2017-040-C.
    FR Notice: 83 FR 3030 (1/22/2018).
    Petitioner: Mountain Coal Company, LLC, 5174 Hwy. 133 Somerset, 
Colorado 81434.
    Mine: West Elk Mine, MSHA I.D. No. 05-03672, located in Gunnison 
County, Colorado.
    Regulation Affected: 30 CFR 75.364(b)(2) (Weekly examination).

     Docket Number: M-2018-017-C.
    FR Notice: 83 FR 48457 (9/25/2018).
    Petitioner: Raw Coal Mining Company, Inc., 356 South College 
Avenue, Bluefield, Virginia 24605.
    Mine: EDM No. 1 Mine, MSHA I.D. No. 46-09507, located in McDowell 
County, West Virginia.
    Regulation Affected: 30 CFR 75.1101-1(b) (Deluge-type water spray 
systems).

     Docket Number: M-2016-002-M.
    FR Notice: 81 FR 55487 (8/19/2016).
    Petitioner: United Salt Hockley, LLC, 14002 Warren Ranch Road, 
Hockley, Texas 77447.
    Mine: Hockley Mine, MSHA I.D. No. 41-02478, located in Harris 
County, Texas.
    Regulation Affected: 30 CFR 57.4131 (Surface fan installations and 
mine openings).

     Docket Number: M-2016-003-M.
    FR Notice: 81 FR 55488 (8/19/2016).
    Petitioner: United Salt Hockley, LLC, 14002 Warren Ranch Road, 
Hockley, Texas 77447.
    Mine: Hockley Mine, MSHA I.D. No. 41-02478, located in Harris 
County, Texas.
    Regulation Affected: 30 CFR 57.4560 (Mine entrances).

     Docket Number: M-2016-004-M.
    FR Notice: 81 FR 55488 (8/19/2016).
    Petitioner: United Salt Hockley, LLC, 14002 Warren Ranch Road, 
Hockley, Texas 77447.
    Mine: Hockley Mine, MSHA I.D. No. 41-02478, located in Harris 
County, Texas.
    Regulation Affected: 30 CFR 57.4533 (Mine opening vicinity).

Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2019-04436 Filed 3-11-19; 8:45 am]
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