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)

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, 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