[Federal Register Volume 87, Number 36 (Wednesday, February 23, 2022)]
[Notices]
[Pages 10256-10257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03767]


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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 July 1, 2021 and 
December 31, 2021.

ADDRESSES: Copies of the final decisions are posted on MSHA's website 
at https://www.msha.gov/regulations/rulemaking/petitions-modification. 
The public may also 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, Office of Standards, 
Regulations, and Variances at 202-693-9440 (voice), 
[email protected] (email), or 202-693-9441 (facsimile). 
[These are not toll-free numbers.]

SUPPLEMENTARY INFORMATION:

I. Introduction

    Under section 101 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 (86 FR 41519) included petitions granted through June 30, 2021, 
listed below are petitions granted between July 1, 2021 and December 
31, 2021. The granted petitions are shown in the order that MSHA 
received them.
     Docket Number: M-2020-009-C.
    FR Notice: 85 FR 47404 (8/5/2020).
    Petitioner: Century Mining LLC, 200 Chapel Brook Drive, Bridgeport, 
West Virginia 26330.
    Mine: Longview Mine, MSHA I.D. No. 46-09447, located in Barbour 
County, West Virginia.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).

     Docket Number: M-2020-023-C.
    FR Notice: 85 FR 66582 (10/20/2020).
    Petitioner: Century Mining LLC, 200 Chapel Brook Drive, Bridgeport, 
West Virginia 26330.
    Mine: Longview Mine, MSHA I.D. No. 46-09447, located in Barbour 
County, West Virginia.
    Regulation Affected: 30 CFR 75.507-1 (Electric equipment other than 
power-connection points; outby the last open crosscut; return air; 
permissibility requirements.).

     Docket Number: M-2020-025-C.
    FR Notice: 85 FR 66582 (10/20/2020).

[[Page 10257]]

    Petitioner: Century Mining LLC, 200 Chapel Brook Drive, Bridgeport, 
West Virginia 26330.
    Mine: Longview Mine, MSHA I.D. No. 46-09447, located in Barbour 
County, West Virginia.
    Regulation Affected: 30 CFR 75.1002 (Installation of electric 
equipment and conductors; permissibility.)

     Docket Number: M-2021-002-C.
    FR Notice: 86 FR 16641 (3/30/2021).
    Petitioner: Blue Mountain Energy, Inc., 3607 County Road #65, 
Rangely, Colorado 81648.
    Mine: Deserado Mine, MSHA ID No. 05-03505, located in Rio Blanco 
County, Colorado.
    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-2021-003-C.
    FR Notice: 86 FR 16641 (3/30/2021).
    Petitioner: Blue Mountain Energy, Inc., 3607 County Road #65, 
Rangely, Colorado 81648.
    Mine: Deserado Mine, MSHA ID No. 05-03505, located in Rio Blanco 
County, Colorado.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).

     Docket Number: M-2021-004-C.
    FR Notice: 86 FR 16641 (3/30/2021).
    Petitioner: Blue Mountain Energy, Inc., 3607 County Road #65, 
Rangely, Colorado 81648.
    Mine: Deserado Mine, MSHA ID No. 05-03505, located in Rio Blanco 
County, Colorado.
    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors; permissibility).

     Docket Number: M-2021-005-C.
    FR Notice: 86 FR 16644 (3/30/2021).
    Petitioner: Blue Diamond Mining, LLC, 1021 Tori Drive, Hazard, 
Kentucky, 41701.
    Mine: Calvary Mine #81, MSHA ID No. 15-12753, located in Leslie 
County, Kentucky.
    Regulation Affected: 30 CFR 75.364 (Weekly examination). 30 CFR 
75.364(b)(2) requires that at least every 7 days an examination for 
hazardous conditions shall be made by a certified person designated by 
the operator in at least one entry of each return air course, in its 
entirety, so that the entire air course is traveled.

     Docket Number: M-2021-007-C.
    FR Notice: 86 FR 27898 (5/24/2021).
    Petitioner: Mountain Coal Company, L.L.C., 5174 Highway 133, 
Somerset, Colorado, 81434.
    Mine: West Elk Mine, MSHA ID No. 05-03672, located in Gunnison 
County, Colorado.
    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-2021-009-C.
    FR Notice: 86 FR 27898 (5/24/2021).
    Petitioner: Mountain Coal Company, L.L.C., 5174 Highway 133, 
Somerset, Colorado, 81434.
    Mine: West Elk Mine, MSHA ID No. 05-03672, located in Gunnison 
County, Colorado.
    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors; permissibility).

     Docket Number: M-2021-004-M.
    FR Notice: 86 FR 38360 (7/20/2021).
    Petitioner: Genesis Alkali, LLC, 580 Westvaco Rd., Green River, 
Wyoming, 82935.
    Mine: Genesis Alkali @WESTVACO, MSHA ID No. 48-00152, located in 
Sweetwater County, Wyoming.
    Regulation Affected: 30 CFR 57.22305 (Approved equipment (III 
mines)).

     Docket Number: M-2021-026-C.
    FR Notice: 86 FR 46018 (8/17/21).
    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).

Song-ae Aromie Noe,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2022-03767 Filed 2-22-22; 8:45 am]
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