[Federal Register Volume 88, Number 158 (Thursday, August 17, 2023)]
[Notices]
[Pages 56052-56054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17644]


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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 December 31, 
2022, and June 30, 2023.

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 (fax). [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 (88 FR 7468) included petitions granted through December 31, 
2022, the following are petitions granted between January 1, 2023, and 
June 30, 2023. The granted petitions are shown in the order that MSHA 
received them.
     Docket Number: M-2021-034-C.
    FR Notice: 86 FR 71666 (12/17/2021).
    Petitioner: Rosebud Mining Company, 301 Market Street, Kittanning, 
Pennsylvania 16201.
    Mine: Knob Creek Mine, MSHA ID No. 36-09394, located in Indiana 
County, Pennsylvania.

[[Page 56053]]

    Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
     Docket Number: M-2021-038-C.
    FR Notice: 86 FR 72630 (12/22/2021).
    Petitioner: Peabody Southeast Mining LLC, 701 Market Street, St. 
Louis, Missouri 63101.
    Mine: Shoal Creek Mine, MSHA ID No. 01-02901, located in Tuscaloosa 
and Walker Counties, Alabama.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).
     Docket Number: M-2021-039-C.
    FR Notice: 86 FR 72630 (12/22/2021).
    Petitioner: Peabody Southeast Mining LLC, 701 Market Street, St. 
Louis, Missouri 63101.
    Mine: Shoal Creek Mine, MSHA ID No. 01-02901, located in Tuscaloosa 
and Walker Counties, Alabama.
    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-2021-040-C.
    FR Notice: 86 FR 72630 (12/22/2021).
    Petitioner: Peabody Southeast Mining LLC, 701 Market Street, St. 
Louis, Missouri 63101.
    Mine: Shoal Creek Mine, MSHA ID No. 01-02901, located in Tuscaloosa 
and Walker Counties, Alabama.
    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors; permissibility).
     Docket Number: M-2022-003-C.
    FR Notice: 87 FR 16234 (03/22/2022).
    Petitioner: Rosebud Mining Company, 301 Market Street, Kittanning, 
Pennsylvania 16201.
    Mine: Dutch Run Mine, MSHA ID No. 36-08701, located in Armstrong 
County, Pennsylvania; Parkwood Mine, MSHA ID No. 36-08785, located in 
Armstrong County, Pennsylvania; Madison Mine, MSHA ID No. 36-09127, 
located in Cambria County, Pennsylvania; Lowry Mine, MSHA ID No. 36-
09287, located in Indiana County, Pennsylvania; Cresson Mine, MSHA ID 
No. 36-09308, located in Cambria County, Pennsylvania; Barrett Mine, 
MSHA ID No. 36-09342, located in Indiana County, Pennsylvania; Penfield 
Mine, MSHA ID No. 36-09355, located in Clearfield County, Pennsylvania; 
Mine 78, MSHA ID No. 36-09371, located in Somerset County, 
Pennsylvania; Kocjancic Mine, MSHA ID No. 36-09436, located in 
Jefferson County, Pennsylvania; Brush Valley Mine, MSHA ID No. 36-
09437, located in Indiana County, Pennsylvania; Harmony Mine, MSHA ID 
No. 36-09477, located in Clearfield County, Pennsylvania; Crooked Creek 
Mine, MSHA ID No. 36-09972, located in Indiana County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
     Docket Number: M-2022-005-C.
    FR Notice: 87 FR 28846 (05/11/2022).
    Petitioner: Ramaco Resources, LLC, P.O. Box 219, Verner, West 
Virginia 25650.
    Mine: Berwind Deep Mine, MSHA ID No. 46-09533, located in McDowell 
County, West Virginia.
    Regulation Affected: 30 CFR 75.364(b)(2) (Weekly examination).
     Docket Number: M-2022-015-C.
    FR Notice: 87 FR 55044 (09/08/2022).
    Petitioner: Iron Cumberland, LLC, 576 Maple Run Road, Waynesburg, 
Pennsylvania 15370.
    Mine: Cumberland Mine, MSHA ID No. 36-05018, located in Greene 
County, Pennsylvania.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).
     Docket Number: M-2022-016-C.
    FR Notice: 87 FR 55042 (09/08/2022).
    Petitioner: Iron Cumberland, LLC, 576 Maple Run Road, Waynesburg, 
Pennsylvania 15370.
    Mine: Cumberland Mine, MSHA ID No. 36-05018, 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-2022-017-C.
    FR Notice: 87 FR 55043 (09/08/2022).
    Petitioner: Iron Cumberland, LLC, 576 Maple Run Road, Waynesburg, 
Pennsylvania 15370.
    Mine: Cumberland Mine, MSHA ID No. 36-05018, located in Greene 
County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors; permissibility).
     Docket Number: M-2022-023-C.
    FR Notice: 87 FR 68199 (11/14/2022).
    Petitioner: Panther Creek Mining, 250 West Main Street, Suite 2000, 
Lexington, Kentucky 40507.
    Mine: Maple Eagle No. 1 Mine, MSHA ID No. 46-04236, located in 
Fayette County, West Virginia.
    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors; permissibility).
     Docket Number: M-2022-024-C.
    FR Notice: 87 FR 68195 (11/14/2022).
    Petitioner: Panther Creek Mining, 250 West Main Street, Suite 2000, 
Lexington, Kentucky 40507.
    Mine: Maple Eagle No. 1 Mine, MSHA ID No. 46-04236, located in 
Fayette 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-2022-025-C.
    FR Notice: 87 FR 68197 (11/14/2022).
    Petitioner: Panther Creek Mining, 250 West Main Street, Suite 2000, 
Lexington, Kentucky 40507.
    Mine: Maple Eagle No. 1 Mine, MSHA ID No. 46-04236, located in 
Fayette County, West Virginia.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).
     Docket Number: M-2022-026-C.
    FR Notice: 87 FR 73043 (11/28/2022).
    Petitioner: Crimson Oak Grove Resources, LLC, 8800 Oak Grove Mine 
Road, Adger, Alabama 35006.
    Mine: Oak Grove Mine, MSHA ID No. 01-00851, located in Jefferson 
County, Alabama.
    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors; permissibility).
     Docket Number: M-2022-027-C.
    FR Notice: 87 FR 73042 (11/28/2022).
    Petitioner: Crimson Oak Grove Resources, LLC, 8800 Oak Grove Mine 
Road, Adger, Alabama 35006.
    Mine: Oak Grove Mine, MSHA ID No. 01-00851, located in Jefferson 
County, Alabama.
    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-2022-028-C.
    FR Notice: 87 FR 73046 (11/28/2022).
    Petitioner: Crimson Oak Grove Resources, LLC, 8800 Oak Grove Mine 
Road, Adger, Alabama 35006.
    Mine: Oak Grove Mine, MSHA ID No. 01-00851, located in Jefferson 
County, Alabama.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).
     Docket Number: M-2022-029-C.
    FR Notice: 87 FR 73044 (11/28/2022).
    Petitioner: Ramaco Resources, LLC, P.O. Box 219, Verner, West 
Virginia 25650.
    Mine: Mine No. 1, MSHA ID No. 44-07369, located in Tazewell County, 
Virginia.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).
     Docket Number: M-2022-030-C.
    FR Notice: 87 FR 73040 (11/28/2022).
    Petitioner: Ramaco Resources, LLC, PO Box 219, Verner, West 
Virginia 25650
    Mine: Mine No. 1, MSHA ID No. 44-07369, located in Tazewell County, 
Virginia
    Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other 
than power-connection points; outby the last

[[Page 56054]]

open crosscut; return air; permissibility requirements).
     Docket Number: M-2022-031-C.
    FR Notice: 87 FR 73047 (11/28/2022).
    Petitioner: Ramaco Resources, LLC, P.O. Box 219, Verner, West 
Virginia 25650.
    Mine: Mine No. 1, MSHA ID No. 44-07369, located in Tazewell County, 
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. 2023-17644 Filed 8-16-23; 8:45 am]
BILLING CODE 4520-43-P