81 FR 8996 - Affirmative Decisions on Petitions for Modification Granted in Whole or in Part
DEPARTMENT OF LABOR
Mine Safety and Health Administration Federal Register Volume 81, Issue 35 (February 23, 2016)
Mine Safety and Health Administration
Federal Register Volume 81, Issue 35 (February 23, 2016)
| Page Range | 8996-8997 | |
| FR Document | 2016-03724 |
[Federal Register Volume 81, Number 35 (Tuesday, February 23, 2016)] [Notices] [Pages 8996-8997] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-03724] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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: 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 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-2013-044-C. FR Notice: 78 FR 59068 (9/25/2013). Petitioner: Rosebud Mining Company, P.O. Box 1025, Northern Cambria, Pennsylvania 15714. Mine: Parkwood Mine, MSHA I.D. No. 36-08785, located in Armstrong County, Pennsylvania, and Kocjancic Mine, MSHA I.D. No. 36-09436, located in Jefferson County, Pennsylvania. Regulation Affected: 30 CFR 75.503 (Permissible electric face equipment; maintenance), 18.35(a)(5)(i) (Portable (trailing) cables and cords)). Docket Number: M-2013-059-C. FR Notice: 79 FR 11141 (2/27/2014). Petitioner: Kimmel's Mining, Inc., P.O. Box 8, Williamstown, Pennsylvania 17098. [[Page 8997]] Mine: Williamstown Mine #1, MSHA I.D. No. 36-09435, located in Schuylkill County, Pennsylvania. Regulation Affected: 30 CFR 75.1202-1(a) (Temporary notations, revisions, and supplements). Docket Number: M-2014-017-C. FR Notice: 79 FR 30170 (5/27/2014). Petitioner: AK Coal Resources, Inc., 1134 Stoystown Rd., Friedens, Pennsylvania 15541. Mine: North Fork Mine, MSHA I.D. No. 36-10041, located in Somerset County, Pennsylvania. Regulation Affected: 30 CFR 75.503 (Permissible electric face equipment; maintenance), 18.35(a)(5)(i) (Portable (trailing) cables and cords)). Docket Number: M-2015-007-C. FR Notice: 80 FR 24280 (4/30/2015). Petitioner: White Oak Resources LLC, P.O. Box 339, McLeansboro, Illinois 62859. Mine: White Oak Mine No. 1, MSHA I.D. No. 11-03203, located in Hamilton County, Illinois. Regulation Affected: 30 CFR 75.1700 (Oil and gas wells). Docket Number: M-2015-010-C. FR Notice: 80 FR 24285 (4/30/2015). Petitioner: Coyote Creek Mining Company, LLC, 6502 17th Street SW., Zap, North Dakota 58580. Mine: Coyote Creek Mine, MSHA I.D. No. 32-01028, located in Mercer County, North Dakota. Regulation Affected: 30 CFR 77.803 (Fail safe ground check circuits on high-voltage resistance grounded systems). Docket Number: M-2015-012-C. FR Notice: 80 FR 28014 (5/15/2015). Petitioner: Peabody Midwest Mining, LLC, P.O. Box 369, Coulterville, Illinois 62237. Mine: Gateway North Mine, MSHA I.D. No. 11-03235, located in Randolph County, Illinois. Regulation Affected: 30 CFR 75.1909(b)(6) (Nonpermissible diesel- powered equipment; design and performance requirements). Docket Number: M-2015-014-C. FR Notice: 80 FR 42549 (7/17/2015). Petitioner: XMV, Inc., 640 Clover Dew Dairy Road, Princeton, West Virginia 24740. Mine: Mine No. 40, MSHA I.D. No. 46-09298, located in McDowell County, West Virginia. Regulation Affected: 30 CFR 77.214(a) (Refuse piles; general). Docket Number: M-2015-018-C. FR Notice: 80 FR 54596 (9/10/2015). Petitioner: Macoupin Energy, LLC, P.O. Box 615, 14300 Brushy Mound Road, Carlinville, Illinois 62626. Mine: Shay No. 1, MSHA I.D. No. 11-00726, located in Macoupin County, Illinois. Regulation Affected: 30 CFR 75.1909(b)(6) (Nonpermissible diesel- powered equipment; design and performance requirements). Modification Requested: The petitioner has requested that MSHA amend a previously submitted Proposed Decision and Order (PDO), Docket No.M-1999-056-C to add an additional Getman road grader, Model RDG- 1504C, serial number 6718. When this amended PDO, Docket No. M-2015- 018-C becomes final, it will supersede PDO Docket No. M-1999-056-C granted on December 3, 1999. Docket Number: M-2013-002-M. FR Notice: 78 FR 7460 (2/1/2013). Petitioner: Specialty Granules, Inc., 1101 Opal Court, Suite 315, Hagerstown, Maryland 21740. Mine: Annapolis Mine, MSHA I.D. No. 23-00288, located in Iron County, Missouri. Regulation Affected: 30 CFR 56.13020 (Use of compressed air) Docket Number: M-2014-019-M. FR Notice: 79 FR 69135 (11/30/2014). Petitioner: Sumitomo Metal Mining Pogo LLC, Shaw Creek Road, Delta Junction, Alaska 99737. Mine: Pogo Mine, MSHA I.D. No. 50-01642, located in Southeast Fairbanks County, Alaska. Regulation Affected: 30 CFR 57.14207 (Parking procedures for unattended equipment). Docket Number: M-2014-020-M. FR Notice: 79 FR 71789 (12/3/2014). Petitioner: Barrick Goldstrike Mine, Inc., 27 Miles North of Carlin, Carlin, Nevada 89822. Mine: Arturo Mine, MSHA I.D. No. 26-02767, located in Eureka County, Nevada. Regulation Affected: 30 CFR 56.6309(b) (Fuel oil requirements for ANFO). Sheila McConnell, Acting Director, Office of Standards, Regulations, and Variances. [FR Doc. 2016-03724 Filed 2-22-16; 8:45 am] BILLING CODE 4510-43-P
![8996 Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices
by mail or courier to the U.S. should mention OMB Control Number ADDRESSES: Copies of the final decisions
Department of Labor-OASAM, Office of 1205–0504. The OMB is particularly are posted on MSHA’s Web site at
the Chief Information Officer, Attn: interested in comments that: http://www.msha.gov/READROOM/
Departmental Information Compliance • Evaluate whether the proposed PETITION.HTM. The public may
Management Program, Room N1301, collection of information is necessary inspect the petitions and final decisions
200 Constitution Avenue NW., for the proper performance of the during normal business hours in
Washington, DC 20210; or by email: functions of the agency, including MSHA’s Office of Standards,
DOL_PRA_PUBLIC@dol.gov. whether the information will have Regulations, and Variances, 201 12th
FOR FURTHER INFORMATION CONTACT: practical utility; Street South, Suite 4E401, Arlington,
Contact Michel Smyth by telephone at • Evaluate the accuracy of the Virginia 22202. All visitors are required
202–693–4129, TTY 202–693–8064, agency’s estimate of the burden of the to check in at the receptionist’s desk in
(these are not toll-free numbers) or by proposed collection of information, Suite 4E401.
email at DOL_PRA_PUBLIC@dol.gov. including the validity of the FOR FURTHER INFORMATION CONTACT:
methodology and assumptions used; Barbara Barron at 202–693–9447
Authority: 44 U.S.C. 3507(a)(1)(D). • Enhance the quality, utility, and
SUPPLEMENTARY INFORMATION: This ICR (Voice), barron.barbara@dol.gov
clarity of the information to be
seeks to revise the Workforce (Email), or 202–693–9441 (Telefax).
collected; and
[These are not toll-free numbers].
Investment Act (WIA) Adult and • Minimize the burden of the
Dislocated Worker Programs Gold collection of information on those who SUPPLEMENTARY INFORMATION:
Standard Evaluation information are to respond, including through the I. Introduction
collection. An extension is being use of appropriate automated,
requested only for the 30-month follow- Under section 101 of the Federal Mine
electronic, mechanical, or other
up survey, as the remaining collection Safety and Health Act of 1977, a mine
technological collection techniques or
instruments have fulfilled their purpose. operator may petition and the Secretary
other forms of information technology,
Maintaining those collections would no of Labor (Secretary) may modify the
e.g., permitting electronic submission of
longer have practical utility. Workforce application of a mandatory safety
responses.
Investment Act section 172 and Agency: DOL–ETA. standard to that mine if the Secretary
Workforce Innovation and Opportunity Title of Collection: Workforce determines that: (1) An alternative
Act section 172 authorize this Investment Act Adult and Dislocated method exists that will guarantee no
information collection. See 29 U.S.C. Worker Programs Gold Standard less protection for the miners affected
2917, 3224. Evaluation. than that provided by the standard; or
This information collection is subject OMB Control Number: 1205–0504. (2) the application of the standard will
to the PRA. A Federal agency generally Affected Public: Individuals or result in a diminution of safety to the
cannot conduct or sponsor a collection Households. affected miners.
of information, and the public is Total Estimated Number of MSHA bases the final decision on the
generally not required to respond to an Respondents: 1,230. petitioner’s statements, any comments
information collection, unless it is Total Estimated Number of and information submitted by interested
approved by the OMB under the PRA Responses: 1,230. persons, and a field investigation of the
and displays a currently valid OMB Total Estimated Annual Time Burden: conditions at the mine. In some
Control Number. In addition, 615 hours. instances, MSHA may approve a
notwithstanding any other provisions of Total Estimated Annual Other Costs petition for modification on the
law, no person shall generally be subject Burden: $0. condition that the mine operator
to penalty for failing to comply with a Dated: February 16, 2016. complies with other requirements noted
collection of information that does not Michel Smyth, in the decision.
display a valid Control Number. See 5 Departmental Clearance Officer. II. Granted Petitions for Modification
CFR 1320.5(a) and 1320.6. The DOL [FR Doc. 2016–03735 Filed 2–22–16; 8:45 am] On the basis of the findings of
obtains OMB approval for this BILLING CODE 4510–FT–P MSHA’s investigation, and as designee
information collection under Control
of the Secretary, MSHA has granted or
Number 1205–0504. The current
partially granted the following petitions
approval is scheduled to expire on DEPARTMENT OF LABOR for modification:
February 29, 2016; however, the DOL • Docket Number: M–2013–044–C.
notes that existing information Mine Safety and Health Administration
FR Notice: 78 FR 59068 (9/25/2013).
collection requirements submitted to the Petitioner: Rosebud Mining Company,
OMB receive a month-to-month Affirmative Decisions on Petitions for
Modification Granted in Whole or in P.O. Box 1025, Northern Cambria,
extension while they undergo review. Pennsylvania 15714.
New requirements would only take Part
Mine: Parkwood Mine, MSHA I.D. No.
effect upon OMB approval. For AGENCY: Mine Safety and Health 36–08785, located in Armstrong County,
additional substantive information Administration (MSHA), Labor. Pennsylvania, and Kocjancic Mine,
about this ICR, see the related notice ACTION: Notice. MSHA I.D. No. 36–09436, located in
published in the Federal Register on Jefferson County, Pennsylvania.
August 14, 2015 (80 FR 48916). SUMMARY: Section 101(c) of the Federal Regulation Affected: 30 CFR 75.503
mstockstill on DSK4VPTVN1PROD with NOTICES
Interested parties are encouraged to Mine Safety and Health Act of 1977 and (Permissible electric face equipment;
send comments to the OMB, Office of 30 CFR part 44 govern the application, maintenance), 18.35(a)(5)(i) (Portable
Information and Regulatory Affairs at processing, and disposition of petitions (trailing) cables and cords)).
the address shown in the ADDRESSES for modification. This Federal Register • Docket Number: M–2013–059–C.
section within thirty (30) days of Notice notifies the public that MSHA FR Notice: 79 FR 11141 (2/27/2014).
publication of this notice in the Federal has investigated and issued a final Petitioner: Kimmel’s Mining, Inc.,
Register. In order to help ensure decision on certain mine operator P.O. Box 8, Williamstown, Pennsylvania
appropriate consideration, comments petitions to modify a safety standard. 17098.
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![Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices 8997
Mine: Williamstown Mine #1, MSHA Regulation Affected: 30 CFR Regulations Part 44 govern the
I.D. No. 36–09435, located in Schuylkill 75.1909(b)(6) (Nonpermissible diesel- application, processing, and disposition
County, Pennsylvania. powered equipment; design and of petitions for modification. This notice
Regulation Affected: 30 CFR 75.1202– performance requirements). is a summary of petitions for
1(a) (Temporary notations, revisions, Modification Requested: The modification submitted to the Mine
and supplements). petitioner has requested that MSHA Safety and Health Administration
• Docket Number: M–2014–017–C. amend a previously submitted Proposed (MSHA) by the parties listed below.
FR Notice: 79 FR 30170 (5/27/2014). Decision and Order (PDO), Docket DATES: All comments on the petitions
Petitioner: AK Coal Resources, Inc., No.M–1999–056–C to add an additional must be received by the MSHA’s Office
1134 Stoystown Rd., Friedens, Getman road grader, Model RDG–1504C, of Standards, Regulations, and
Pennsylvania 15541. serial number 6718. When this amended Variances on or before March 24, 2016.
Mine: North Fork Mine, MSHA I.D. PDO, Docket No. M–2015–018–C ADDRESSES: You may submit your
No. 36–10041, located in Somerset becomes final, it will supersede PDO comments, identified by ‘‘docket
County, Pennsylvania. Docket No. M–1999–056–C granted on number’’ on the subject line, by any of
Regulation Affected: 30 CFR 75.503 December 3, 1999. the following methods:
(Permissible electric face equipment; • Docket Number: M–2013–002–M. 1. Electronic Mail: zzMSHA-
maintenance), 18.35(a)(5)(i) (Portable FR Notice: 78 FR 7460 (2/1/2013). comments@dol.gov. Include the docket
(trailing) cables and cords)). Petitioner: Specialty Granules, Inc., number of the petition in the subject
• Docket Number: M–2015–007–C. 1101 Opal Court, Suite 315, line of the message.
FR Notice: 80 FR 24280 (4/30/2015). Hagerstown, Maryland 21740. 2. Facsimile: 202–693–9441.
Petitioner: White Oak Resources LLC, Mine: Annapolis Mine, MSHA I.D. 3. Regular Mail or Hand Delivery:
P.O. Box 339, McLeansboro, Illinois No. 23–00288, located in Iron County, MSHA, Office of Standards,
62859. Missouri. Regulations, and Variances, 201 12th
Mine: White Oak Mine No. 1, MSHA Regulation Affected: 30 CFR 56.13020 Street South, Suite 4E401, Arlington,
I.D. No. 11–03203, located in Hamilton (Use of compressed air) Virginia 22202-5452, Attention: Sheila
County, Illinois. • Docket Number: M–2014–019–M. McConnell, Acting Director, Office of
Regulation Affected: 30 CFR 75.1700 FR Notice: 79 FR 69135 (11/30/2014). Standards, Regulations, and Variances.
(Oil and gas wells). Petitioner: Sumitomo Metal Mining Persons delivering documents are
• Docket Number: M–2015–010–C. Pogo LLC, Shaw Creek Road, Delta required to check in at the receptionist’s
FR Notice: 80 FR 24285 (4/30/2015). Junction, Alaska 99737. desk in Suite 4E401. Individuals may
Petitioner: Coyote Creek Mining Mine: Pogo Mine, MSHA I.D. No. 50– inspect copies of the petitions and
Company, LLC, 6502 17th Street SW., 01642, located in Southeast Fairbanks comments during normal business
Zap, North Dakota 58580. County, Alaska. hours at the address listed above.
Mine: Coyote Creek Mine, MSHA I.D. Regulation Affected: 30 CFR 57.14207 MSHA will consider only comments
No. 32–01028, located in Mercer (Parking procedures for unattended postmarked by the U.S. Postal Service or
County, North Dakota. equipment). proof of delivery from another delivery
Regulation Affected: 30 CFR 77.803 • Docket Number: M–2014–020–M. service such as UPS or Federal Express
(Fail safe ground check circuits on high- FR Notice: 79 FR 71789 (12/3/2014). on or before the deadline for comments.
voltage resistance grounded systems). Petitioner: Barrick Goldstrike Mine, FOR FURTHER INFORMATION CONTACT:
• Docket Number: M–2015–012–C. Inc., 27 Miles North of Carlin, Carlin, Barbara Barron, Office of Standards,
FR Notice: 80 FR 28014 (5/15/2015). Nevada 89822. Regulations, and Variances at 202–693–
Petitioner: Peabody Midwest Mining, Mine: Arturo Mine, MSHA I.D. No. 9447 (Voice), barron.barbara@dol.gov
LLC, P.O. Box 369, Coulterville, Illinois 26–02767, located in Eureka County, (Email), or 202–693–9441 (Facsimile).
62237. Nevada. [These are not toll-free numbers.]
Mine: Gateway North Mine, MSHA Regulation Affected: 30 CFR SUPPLEMENTARY INFORMATION:
I.D. No. 11–03235, located in Randolph 56.6309(b) (Fuel oil requirements for
County, Illinois. ANFO). I. Background
Regulation Affected: 30 CFR Section 101(c) of the Federal Mine
75.1909(b)(6) (Nonpermissible diesel- Sheila McConnell,
Safety and Health Act of 1977 (Mine
powered equipment; design and Acting Director, Office of Standards, Act) allows the mine operator or
performance requirements). Regulations, and Variances.
representative of miners to file a
• Docket Number: M–2015–014–C. [FR Doc. 2016–03724 Filed 2–22–16; 8:45 am]
petition to modify the application of any
FR Notice: 80 FR 42549 (7/17/2015). BILLING CODE 4510–43–P mandatory safety standard to a coal or
Petitioner: XMV, Inc., 640 Clover Dew other mine if the Secretary of Labor
Dairy Road, Princeton, West Virginia determines that:
24740. DEPARTMENT OF LABOR 1. An alternative method of achieving
Mine: Mine No. 40, MSHA I.D. No. the result of such standard exists which
46–09298, located in McDowell County, Mine Safety and Health Administration
will at all times guarantee no less than
West Virginia. Petitions for Modification of the same measure of protection afforded
Regulation Affected: 30 CFR 77.214(a) Application of Existing Mandatory the miners of such mine by such
(Refuse piles; general). Safety Standards standard; or
• Docket Number: M–2015–018–C.
mstockstill on DSK4VPTVN1PROD with NOTICES
2. That the application of such
FR Notice: 80 FR 54596 (9/10/2015). AGENCY: Mine Safety and Health standard to such mine will result in a
Petitioner: Macoupin Energy, LLC, Administration, Labor. diminution of safety to the miners in
P.O. Box 615, 14300 Brushy Mound ACTION: Notice. such mine.
Road, Carlinville, Illinois 62626. In addition, the regulations at 30 CFR
Mine: Shay No. 1, MSHA I.D. No. 11– SUMMARY: Section 101(c) of the Federal 44.10 and 44.11 establish the
00726, located in Macoupin County, Mine Safety and Health Act of 1977 and requirements and procedures for filing
Illinois. Title 30 of the Code of Federal petitions for modification.
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Document Created: 2018-02-02 14:33:36
Document Modified: 2018-02-02 14:33:36
| 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 | Barbara Barron at 202-693-9447 (Voice), [email protected] (Email), or 202-693-9441 (Telefax). [These are not toll-free numbers]. | |
| FR Citation | 81 FR 8996 |
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