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)

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 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