80 FR 48122 - Affirmative Decisions on Petitions for Modification Granted in Whole or in Part

DEPARTMENT OF LABOR
Mine Safety and Health Administration

Federal Register Volume 80, Issue 154 (August 11, 2015)

Page Range		48122-48123
FR Document		2015-19653

Section 101(c) of the Federal Mine Safety and Health Act of 1977 and 30 CFR part 44 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.

Federal Register, Volume 80 Issue 154 (Tuesday, August 11, 2015)

[Federal Register Volume 80, Number 154 (Tuesday, August 11, 2015)]
[Notices]
[Pages 48122-48123]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19653]


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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: Section 101(c) of the Federal Mine Safety and Health Act of 
1977 and 30 CFR part 44 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 Web site 
at http://www.msha.gov/READROOM/PETITION.HTM. 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: Roslyn B. Fontaine, Office of 
Standards, Regulations, and Variances at 202-693-9475 (Voice), 
[email protected] (Email), or 202-693-9441 (Telefax), or Barbara 
Barron at 202-693-9447 (Voice), [email protected] (Email), or 202-
693-9441 (Telefax). [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

[[Page 48123]]

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-2013-058-C.
    FR Notice: 79 FR 11141 (2/27/2014).
    Petitioner: Kimmel Mining, Inc., P.O. Box 8, Williamstown, 
Pennsylvania 17098.
    Mine: Williamstown Mine #1, MSHA I.D. No. 36-09435, located in 
Schuylkill County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1200(d) & (i) (Mine maps).

     Docket Number: M-2014-020-C.
    FR Notice: 79 FR 38569 (7/8/2014).
    Petitioner: McElroy Coal Company, 57 Goshorn Woods Road, Cameron, 
West Virginia 26033.
    Mine: McElroy Mine, MSHA I.D. No. 46-01437, located in Marshall 
County, West Virginia.
    Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).

     Docket Number: M-2014-021-C.
    FR Notice: 79 FR 38571 (7/8/2014).
    Petitioner: Consolidation Coal Company, RD 1 Box 62A, Dallas, West 
Virginia 26036.
    Mine: Shoemaker Mine, MSHA I.D. No. 46-01436, located in Marshall 
County, West Virginia.
    Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).

     Docket Number: M-2014-027-C.
    FR Notice: 79 FR 59301 (10/1/2014).
    Petitioner: Oak Grove Resources, LLC, 8360 Taylors Ferry Road, 
Hueytown, Alabama 35023.
    Mine: Oak Grove Mine, MSHA I.D. No. 01-00851, located in Jefferson 
County, Alabama.
    Regulation Affected: 30 CFR 75.364(b)(2) (Weekly examination).

     Docket Number: M-2014-035-C.
    FR Notice: 79 FR 69135 (11/20/2014).
    Petitioner: Sunrise Coal, LLC, 12661 Agricare Road, Oaktown, 
Indiana 47561.
    Mine: Oaktown Fuels Mine No. 1, MSHA I.D. No. 12-02394, located in 
Knox County, Indiana.
    Regulation Affected: 30 CFR 75.1101-1(b) (Deluge-type water spray 
systems).

     Docket Number: M-2014-036-C.
    FR Notice: 79 FR 69135 (11/20/2014).
    Petitioner: Sunrise Coal, LLC, 12661 Agricare Road, Oaktown, 
Indiana 47561.
    Mine: Oaktown Fuels Mine No. 2, MSHA I.D. No. 12-02418, located in 
Knox County, Indiana.
    Regulation Affected: 30 CFR 75.1101-1(b) (Deluge-type water spray 
systems).

     Docket Number: M-2014-037-C.
    FR Notice: 79 FR 70570 (11/26/2014).
    Petitioner: Jesse Creek Mining, LLC, 1615 Kent Dairy Road, 
Alabaster, Alabama 35007.
    Mine: Clark No. 1 Mine, MSHA I.D. No. 01-03422, located in Shelby 
County, Alabama.
    Regulation Affected: 30 CFR 75.364(b)(2) (Weekly examination).

    Dated: August 6, 2015.
Sheila McConnell,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2015-19653 Filed 8-10-15; 8:45 am]
 BILLING CODE 4510-43-P

48122 Federal Register / Vol. 80, No. 154 / Tuesday, August 11, 2015 / Notices

395–5806 (this is not a toll-free law, no person shall generally be subject Total Estimated Number of
number); or by email: OIRA_ to penalty for failing to comply with a Responses: 999.
submission@omb.eop.gov. Commenters collection of information that does not Total Estimated Annual Time Burden:
are encouraged, but not required, to display a valid Control Number. See 5 333 hours.
send a courtesy copy of any comments CFR 1320.5(a) and 1320.6. The DOL Total Estimated Annual Other Costs
by mail or courier to the U.S. obtains OMB approval for this Burden: $0.
Department of Labor-OASAM, Office of information collection under Control Dated: August 4, 2015.
the Chief Information Officer, Attn: Number 1205–0484. Michel Smyth,
Departmental Information Compliance OMB authorization for an ICR cannot Departmental Clearance Officer.
Management Program, Room N1301, be for more than three (3) years without [FR Doc. 2015–19633 Filed 8–10–15; 8:45 am]
200 Constitution Avenue NW., renewal, and the current approval for BILLING CODE 4510–FN–P
Washington, DC 20210; or by email: this collection is scheduled to expire on
DOL_PRA_PUBLIC@dol.gov. September 30, 2015. The DOL seeks to
FOR FURTHER INFORMATION CONTACT: extend PRA authorization for this DEPARTMENT OF LABOR
Contact Michel Smyth by telephone at information collection for three (3) more
202–693–4129, TTY 202–693–8064, years, without any change to existing Mine Safety and Health Administration
(these are not toll-free numbers) or by requirements. The DOL notes that
email at DOL_PRA_PUBLIC@dol.gov. existing information collection Affirmative Decisions on Petitions for
Authority: 44 U.S.C. 3507(a)(1)(D). requirements submitted to the OMB Modification Granted in Whole or in
receive a month-to-month extension Part
SUPPLEMENTARY INFORMATION: This ICR
seeks to extend PRA authority for the while they undergo review. For AGENCY: Mine Safety and Health
Guam Military Base Realignment additional substantive information Administration (MSHA), Labor.
Contractors Recruitment Standards about this ICR, see the related notice ACTION: Notice.
information collection. National Defense published in the Federal Register on
Authorization Act (NDAA) for Fiscal April 23, 2015 (80 FR 22743). SUMMARY: Section 101(c) of the Federal
Year 2010 (Public Law 111–84, enacted Interested parties are encouraged to Mine Safety and Health Act of 1977 and
October 28, 2009) section 2834(a) send comments to the OMB, Office of 30 CFR part 44 govern the application,
amended Military Construction Information and Regulatory Affairs at processing, and disposition of petitions
Authorization Act for Fiscal Year 2009 the address shown in the ADDRESSES for modification. This Federal Register
section 2824(c) to require an expanded section within thirty (30) days of Notice notifies the public that MSHA
effort to recruit U.S. and other eligible publication of this notice in the Federal has investigated and issued a final
workers for employment on Guam Register. In order to help ensure decision on certain mine operator
military base realignment construction appropriate consideration, comments petitions to modify a safety standard.
projects. See Public Law 110–417, Div. should mention OMB Control Number ADDRESSES: Copies of the final decisions
B, tit. XXVIII, sec. 2824(c)(6) (10 U.S.C. 1205–0484. The OMB is particularly are posted on MSHA’s Web site at
2687 note), as amended by Public Law interested in comments that: http://www.msha.gov/READROOM/
111–84, Div. B, tit. XXVIII, sec. 2834(a). • Evaluate whether the proposed PETITION.HTM. The public may
This reporting structure features collection of information is necessary inspect the petitions and final decisions
electronic posting of construction job for the proper performance of the during normal business hours in
opportunities on an Internet job banks functions of the agency, including MSHA’s Office of Standards,
site with national coverage, posting job whether the information will have Regulations, and Variances, 201 12th
opportunities on several state workforce practical utility; Street South, Suite 4E401, Arlington,
agency job banks, and documentation of • Evaluate the accuracy of the Virginia 22202. All visitors are required
worker recruitment results reports that agency’s estimate of the burden of the to check in at the receptionist’s desk in
will be submitted to the Guam proposed collection of information, Suite 4E401.
Department of Labor (GDOL). All data including the validity of the FOR FURTHER INFORMATION CONTACT:
collection and reporting will be done by methodology and assumptions used; Roslyn B. Fontaine, Office of Standards,
military base construction contractors, • Enhance the quality, utility, and Regulations, and Variances at 202–693–
and the data and recruitment results in clarity of the information to be 9475 (Voice), fontaine.roslyn@dol.gov
a report that will be submitted to the collected; and (Email), or 202–693–9441 (Telefax), or
GDOL. Military Construction • Minimize the burden of the Barbara Barron at 202–693–9447
Authorization Act for Fiscal Year 2009 collection of information on those who (Voice), barron.barbara@dol.gov
section 2824(c)(6) authorizes this are to respond, including through the (Email), or 202–693–9441 (Telefax).
information collection. See 10 U.S.C. use of appropriate automated, [These are not toll-free numbers].
2687 note; Public Law 110–417, Div. B, electronic, mechanical, or other SUPPLEMENTARY INFORMATION:
tit. XXVIII, sec. 2824(c)(6), as amended technological collection techniques or
by Public Law 111–84, Div. B, tit. other forms of information technology, I. Introduction
XXVIII, sec. 2834(a). e.g., permitting electronic submission of Under section 101 of the Federal Mine
This information collection is subject responses. Safety and Health Act of 1977, a mine
to the PRA. A Federal agency generally Agency: DOL–ETA. operator may petition and the Secretary
asabaliauskas on DSK5VPTVN1PROD with NOTICES

cannot conduct or sponsor a collection Title of Collection: Guam Military of Labor (Secretary) may modify the
of information, and the public is Base Realignment Contractors application of a mandatory safety
generally not required to respond to an Recruitment Standards. standard to that mine if the Secretary
information collection, unless it is OMB Control Number: 1205–0484. determines that: (1) An alternative
approved by the OMB under the PRA Affected Public: Private Sector— method exists that will guarantee no
and displays a currently valid OMB businesses or other for-profits. less protection for the miners affected
Control Number. In addition, Total Estimated Number of than that provided by the standard; or
notwithstanding any other provisions of Respondents: 25. (2) the application of the standard will

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Document Created: 2016-09-27 22:24:59
Document Modified: 2016-09-27 22:24:59

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Contact		Roslyn B. Fontaine, Office of Standards, Regulations, and Variances at 202-693-9475 (Voice), [email protected] (Email), or 202-693-9441 (Telefax), or Barbara Barron at 202-693-9447 (Voice), [email protected] (Email), or 202- 693-9441 (Telefax). [These are not toll-free numbers].
FR Citation		80 FR 48122

80 FR 48122 - Affirmative Decisions on Petitions for Modification Granted in Whole or in Part

DEPARTMENT OF LABORMine Safety and Health Administration

Federal Register Volume 80, Issue 154 (August 11, 2015)

DEPARTMENT OF LABOR
Mine Safety and Health Administration