[Federal Register Volume 88, Number 23 (Friday, February 3, 2023)]
[Notices]
[Pages 7468-7469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02265]



[[Page 7468]]

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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, 2022, 
and December 31, 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), 
[email protected] (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 42503) included petitions granted through June 30, 2022, 
the following are petitions granted between July 1, 2022, and December 
31, 2022. The granted petitions are shown in the order that MSHA 
received them.
     Docket Number: M-2021-003-M.
    FR Notice: 86 FR 32065 (6/16/2021).
    Petitioner: Tata Chemicals Soda Ash Partners, P.O. Box 551, Green 
River, Wyoming 82935.
    Mine: Tata Chemicals Mine, MSHA ID No. 48-00155, located in 
Sweetwater County, Wyoming.
    Regulation Affected: 30 CFR 57.22305 (Approved equipment (III 
mines)).
     Docket Number: M-2021-005-M.
    FR Notice: 87 FR 8610 (2/15/2022).
    Petitioner: U.S. Silica Company, Pacific Plant, 819 Osage Street, 
Missouri 63039.
    Mine: Pacific Plant, MSHA ID No. 23-00544, located in Franklin 
County, Missouri.
    Regulation Affected: 30 CFR 56.13020 (Use of compressed air).
     Docket Number: M-2021-006-C.
    FR Notice: 86 FR 24896 (5/10/2021).
    Petitioner: Patton Mining, LLC., P.O. Box 457, Hillsboro, Illinois, 
62049.
    Mine: Deer Run Mine, MSHA I.D. No. 11-03182, located in Montgomery 
County, Illinois.
    Regulations Affected: 30 CFR 75.503 (Permissible electric face 
equipment; maintenance); and 18.35(a)(5)(i) (Portable (trailing) cables 
and cords).
     Docket Number: M-2021-025-C.
    FR Notice: 86 FR 40081 (7/26/2021).
    Petitioner: Wolf Run Mining Company, 21550 Barbour County Highway, 
Philippi, West Virginia 26416.
    Mine: Leer South Mine, MSHA ID No. 46-04168, located in Barbour 
County, West Virginia.
    Regulation Affected: 30 CFR 75.1904(b)(6) (Underground diesel fuel 
tanks and safety cans).
     Docket Number: M-2021-027-C.
    FR Notice: 86 FR 46021 (8/17/2021).
    Petitioner: Emery County Coal Resources, Inc., P.O. Box 910, East 
Carbon, Utah 84520.
    Mine: Lila Canyon Mine, MSHA ID No. 42-02241, located in Carbon 
County, Utah.
    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-2021-028-C.
    FR Notice: 86 FR 46021 (8/17/2021).
    Petitioner: Emery County Coal Resources, Inc., P.O. Box 910, East 
Carbon, Utah 84520.
    Mine: Lila Canyon Mine, MSHA ID No. 42-02241, located in Carbon 
County, Utah.
    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors; permissibility).
     Docket Number: M-2021-029-C.
    FR Notice: 86 FR 46021 (8/17/2021).
    Petitioner: Emery County Coal Resources, Inc., P.O. Box 910, East 
Carbon, Utah 84520.
    Mine: Lila Canyon Mine, MSHA ID No. 42-02241, located in Carbon 
County, Utah.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).
     Docket Number: M-2021-32-C.
    FR Notice: 86 FR 59430 (10/27/2021).
    Petitioner: Consol Pennsylvania Coal Company LLC, 192 Crabapple 
Road, Wind Ridge, Pennsylvania 15380.
    Mine: Bailey Mine, MSHA ID No. 36-07230, located in Greene County, 
Pennsylvania.
    Regulation Affected: 30 CFR 75.312(c) and (d) (Main mine fan 
examinations and records).
     Docket Number: M-2021-033-C.
    FR Notice: 86 FR 59428 (10/27/2021).
    Petitioner: Consol Pennsylvania Coal Company LLC, 685 Patterson 
Creek Road, Sycamore, Pennsylvania 15364.
    Mine: Harvey Mine, MSHA ID No. 36-10045, located in Greene County, 
Pennsylvania.
    Regulation Affected: 30 CFR 75.312(c) and (d) (Main mine fan 
examinations and records).
     Docket Number: M-2021-041-C.
    FR Notice: 86 FR 72630 (12/22/2021).
    Petitioner: Bronco Utah Operations LLC, Hwy 10 South 550 West 
Consol Road, P.O. Box 527, Emery, Utah 84522.
    Mine: Emery Mine, MSHA ID No. 42-00079, located in Emery County, 
Utah.

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    Regulation Affected: 30 CFR 75.1909(b)(6) (Nonpermissible diesel-
powered equipment; design and performance requirements).
     Docket Number: M-2021-043-C.
    FR Notice: 87 FR 10254 (02/23/2022).
    Petitioner: Century Mining, LLC, 7004 Buckhannon Road, Volga, West 
Virginia 26238.
    Mine: Longview Mine, MSHA ID No. 46-09447, located in Barbour 
County, West Virginia.
    Regulation Affected: 30 CFR 75.1904(b)(6) (Underground diesel fuel 
tanks and safety cans).
     Docket Number: M-2021-046-C.
    FR Notice: 87 FR 9644 (2/22/2022).
    Petitioner: Prairie State Generating Company, LLC, 4274 County 
Highway 12, Marissa, Illinois, 62257.
    Mine: Lively Grove Mine, MSHA ID No. 11-03193, located in St. Clair 
County, Illinois.
    Regulation Affected: 30 CFR 75.1909(b)(6) (Nonpermissible diesel-
powered equipment; design and performance requirements).
     Docket Number: M-2022-006-C.
    FR Notice: 87 FR 24591 (4/26/2022).
    Petitioner: ICG Beckley, LLC, P.O. Box 49, Eccles, West Virginia 
25836.
    Mine: Beckley Pocahontas Mine, MSHA ID No. 46-05252, located in 
Raleigh County, West Virginia.
    Regulation Affected: 30 CFR 75.312(c) (Mine Fan Examination and 
Records).
     Docket Number: M-2022-006-M.
    FR Notice: 87 FR 14297 (3/14/2022).
    Petitioner: Nevada Gold Mines, LLC, 1655 Mountain City Highway, 
Elko, Nevada 89801.
    Mine: Turquoise Ridge Mine, MSHA ID No. 26-02286, located in 
Humboldt County, Nevada.
    Regulation Affected: 30 CFR 57.11052(d) (Refuge areas).
     Docket Number: M-2022-009-C.
    FR Notice: 87 FR 38188 (6/27/2022).
    Petitioner: American Consolidated Natural Resources, Inc., 46226 
National Road, St. Clairsville, Ohio 43950.
    Mines: Ohio County Mine, MSHA ID No. 46-01436, located in Marshall 
County, West Virginia; Marshall County Mine, MSHA ID No. 46-01437, 
located in Marshall County, West Virginia; Marion County Mine, MSHA ID 
No. 46-01433, located in Marion County, West Virginia; and Harrison 
County Mine, MSHA ID No. 46-01318, located in Harrison County, West 
Virginia.
    Regulation Affected: 30 CFR 75.507-l(a) (Electric equipment other 
than power-connection points; outby the last open crosscut; return air; 
permissibility requirements).
     Docket Number: M-2022-010-C.
    FR Notice: 87 FR 38187 (6/27/2022).
    Petitioner: American Consolidated Natural Resources, Inc., 46226 
National Road, St. Clairsville, Ohio 43950.
    Mines: Ohio County Mine, MSHA ID No. 46-01436, located in Marshall 
County, West Virginia; Marshall County Mine, MSHA ID No. 46-01437, 
located in Marshall County, West Virginia; Marion County Mine, MSHA ID 
No. 46-01433, located in Marion County, West Virginia; and Harrison 
County Mine, MSHA ID No. 46-01318, located in Harrison County, West 
Virginia.
    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors; permissibility).

Song-ae Aromie Noe,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2023-02265 Filed 2-2-23; 8:45 am]
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