[Federal Register Volume 89, Number 22 (Thursday, February 1, 2024)]
[Notices]
[Pages 6553-6554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01980]


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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, 2023, 
and December 31, 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

[[Page 6554]]

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 56052) included petitions granted through June 30, 2023, 
the following are petitions granted between July 1, 2023, and December 
31, 2023. The granted petitions are shown in the order that MSHA 
received them.
     Docket Number: M-2022-032-C.
    FR Notice: 88 FR 887 (01/05/2023).
    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 75.500(d) (Permissible electric 
equipment).
     Docket Number: M-2022-033-C.
    FR Notice: 88 FR 886 (01/05/2023).
    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 75.507-1(a) (Electric equipment other 
than power-connection points; outby the last open crosscut; return air; 
permissibility requirements).
     Docket Number: M-2022-034-C.
    FR Notice: 88 FR 885 (01/05/2023).
    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 75.1002(a) (Installation of electric 
equipment and conductors; permissibility).
     Docket Number: M-2022-038-C.
    FR Notice: 88 FR 7464 (02/03/2023).
    Petitioner: Greenbrier Minerals LLC, 119 Rich Creek Rd., Lyburn, 
West Virginia 25632.
    Mines: Eagle No. 1 Mine, MSHA ID No. 46-09563, located in Logan 
County, West Virginia; Lower War Eagle, MSHA ID No. 46-09319, located 
in Wyoming County, West Virginia; Muddy Bridge, MSHA ID No. 46-09514, 
located in Logan County, West Virginia; North Fork Winifrede Deep, MSHA 
ID No. 46-09583, located in Logan County, West Virginia; and Powellton 
#1 Mine, MSHA ID No. 46-09217, located in Logan County, West Virginia.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).
     Docket Number: M-2022-039-C.
    FR Notice: 88 FR 7466 (02/03/2023).
    Petitioner: Greenbrier Minerals LLC, 119 Rich Creek Rd., Lyburn, 
West Virginia 25632.
    Mines: Eagle No. 1 Mine, MSHA ID No. 46-09563, located in Logan 
County, West Virginia; Lower War Eagle, MSHA ID No. 46-09319, located 
in Wyoming County, West Virginia; Muddy Bridge, MSHA ID No. 46-09514, 
located in Logan County, West Virginia; North Fork Winifrede Deep, MSHA 
ID No. 46-09583, located in Logan County, West Virginia; and Powellton 
#1 Mine, MSHA ID No. 46-09217, located in Logan 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-2022-040-C.
    FR Notice: 88 FR 7465 (02/03/2023).
    Petitioner: Greenbrier Minerals LLC, 119 Rich Creek Rd., Lyburn, 
West Virginia 25632.
    Mines: Eagle No. 1 Mine, MSHA ID No. 46-09563, located in Logan 
County, West Virginia; Lower War Eagle, MSHA ID No. 46-09319, located 
in Wyoming County, West Virginia; Muddy Bridge, MSHA ID No. 46-09514, 
located in Logan County, West Virginia; North Fork Winifrede Deep, MSHA 
ID No. 46-09583, located in Logan County, West Virginia; and Powellton 
#1 Mine, MSHA ID No. 46-09217, located in Logan County, West Virginia.
    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors; permissibility).
     Docket Number: M-2023-008-C.
    FR Notice: 88 FR 17630 (03/23/2023).
    Petitioner: American Consolidated Natural Resources, Inc., 46226 
National Road, St. Clairsville, Ohio 43950.
    Mines: Harrison County Mine, MSHAID No. 46-01318, located in 
Harrison County, West Virginia; Marion County Mine, MSHAID No. 46-
01433, located in Marion County, West Virginia; Ohio County Mine, 
MSHAID No. 46-01436, located in Marshall County, West Virginia; and 
Marshall County Mine, MINE ID No. 46-01437, located in Marshall County, 
West Virginia.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).
     Docket Number: M-2023-013-C.
    FR Notice: 88 FR 33649 (05/24/2023).
    Petitioner: Mach Mining, LLC, P.O. Box 300, Johnston City, Illinois 
62951.
    Mine: Mach #1 Mine, MSHA ID No. 11-03141, located in Williamson 
County, Illinois.
    Regulation Affected: 30 CFR 75.1909(b) (Nonpermissible diesel-
powered equipment; design and performance requirements).

Song-ae Aromie Noe,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2024-01980 Filed 1-31-24; 8:45 am]
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