82 FR 48118 - Affirmative Decisions on Petitions for Modification Granted in Whole or in Part
DEPARTMENT OF LABOR
Mine Safety and Health Administration Federal Register Volume 82, Issue 198 (October 16, 2017)
Mine Safety and Health Administration
Federal Register Volume 82, Issue 198 (October 16, 2017)
| Page Range | 48118-48119 | |
| FR Document | 2017-22271 |
[Federal Register Volume 82, Number 198 (Monday, October 16, 2017)] [Notices] [Pages 48118-48119] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-22271] ----------------------------------------------------------------------- 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 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 https://www.msha.gov/regulations/rulemaking/petitions-modification. 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-2012-075-C. FR Notice: 77 FR 30556 (May 23, 2012). Petitioner: Mountain Coal Company, P.O. Box 591, 5174 Highway 133, Somerset, Colorado 81434. Mine: West Elk Mine, MSHA I.D. No. 05-03672, located in Gunnison County, Colorado. Regulation Affected: 30 CFR 75.500(d) (Permissible electric equipment). Docket Number: M-2014-011-C. FR Notice: 79 FR 30174 (May 27, 2014). Petitioner: Consol Pennsylvania Coal Company, LLC, Consol Energy, Inc., CNX Center, 1000 Consol Energy Drive, Canonsburg, Pennsylvania 15317-6506. Mine: Enlow Fork Mine, MSHA I.D. No. 36-07416, located in Greene County, Pennsylvania. Regulation Affected: 30 CFR 75.1700 (Oil and Gas wells). Docket Number: M-2014-012-C. FR Notice: 79 FR 30176 (May 27, 2014). Petitioner: Consol Pennsylvania Coal Company, LLC, Consol Energy, Inc., CNX Center, 1000 Consol Energy Drive, Canonsburg, Pennsylvania 15317-6506. Mine: Bailey Mine, MSHA I.D. No. 36-07230, located in Greene County, Pennsylvania. [[Page 48119]] Regulation Affected: 30 CFR 75.1700 (Oil and gas wells). Docket Number: M-2014-013-C. FR Notice: 79 FR 30178 (May 27, 2014). Petitioner: Consol Pennsylvania Coal Company, LLC, Consol Energy, Inc., CNX Center, 1000 Consol Energy Drive, Canonsburg, Pennsylvania 15317-6506. Mine: Harvey Mine (formerly BMX Mine), MSHA I.D. No. 36-10045, located in Greene County, Pennsylvania. Regulation Affected: 30 CFR 75.1700 (Oil and gas wells). Docket Number: M-2016-016-C. FR Notice: 81 FR 47423 (July 21, 2016). Petitioner: Marshall County Coal Company, 1 Bridge Street, Monongah, West Virginia 26554. Mine: Marshall County 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-2016-017-C. FR Notice: 81 FR 47426 (July 21, 2016). Petitioner: The Marion County Coal Company, 1 Bridge Street, Monongah, West Virginia 26554. Mine: Marion County Mine, MSHA I.D. No. 46-01433, located in Marion County, West Virginia. Regulation Affected: 30 CFR 75.1700 (Oil and gas wells). Docket Number: M-2016-018-C. FR Notice: 81 FR 47428 (July 21, 2016). Petitioner: The Monongalia County Coal Company, 1 Bridge Street, Monongah, West Virginia 26554. Mine: Monongalia County Mine, MSHA I.D. No. 46-01968, located in Monongalia County, West Virginia. Regulation Affected: 30 CFR 75.1700 (Oil and gas wells). Docket Number: M-2016-019-C. FR Notice: 81 FR 47431 (July 21, 2016). Petitioner: The Harrison County Coal Company, 1 Bridge Street, Monongah, West Virginia 26554. Mine: Harrison County Mine, MSHA I.D. No. 46-01318, located in Marion County, West Virginia. Regulation Affected: 30 CFR 75.1700 (Oil and gas wells). Docket Number: M-2016-020-C. FR Notice: 81 FR 47434 (July 21, 2016). Petitioner: The Ohio County Coal Company, 1 Bridge Street, Monongah, West Virginia 26554. Mine: Ohio County 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-2016-021-C. FR Notice: 81 FR 47420 (July 21, 2016). Petitioner: The Marshall County Coal Company, 57 Goshorn Woods Road, Cameron, West Virginia 26033. Mine: Marshall County Mine, MSHA I.D. No. 46-01437, located in Marshall County, West Virginia. Regulation Affected: 30 CFR 77.1914(a) (Electrical equipment). Docket Number: M-2016-024-C. FR Notice: 81 FR 55490 (August 19, 2016). Petitioner: Signal Peak Energy, LLC, 100 Portal Drive, Roundup, Montana 59072. Mine: Bull Mountains Mine #1, MSHA I.D. No. 24-01950, located in Musselshell County, Montana. Regulation Affected: 30 CFR 75.312(c) (Main mine fan examinations and records). Docket Number: M-2016-025-C. FR Notice: 81 FR 55491 (August 19, 2016). Petitioner: Ohio County Coal Company, 1107 Golden Ridge Road, Dallas, West Virginia 26036. Mine: Ohio County Mine, MSHA I.D. No. 46-01436, located in Marshall County, West Virginia. Regulation Affected: 30 CFR 77.1914(a) (Electrical equipment). Docket Number: M-2016-036-C. FR Notice: 81 FR 16066 (March 31, 2017). Petitioner: Pennyrile Energy, LLC, 7386 State Route 593, Calhoun, Kentucky 42327. Mine: Riveredge Mine, MSHA I.D. No. 15-19424, located in McLean County, Kentucky. Regulation Affected: 30 CFR 75.1700 (Oil and gas wells). Docket Number: M-2016-010-M. FR Notice: 82 FR 16071 (March 31, 2017). Petitioner: Fred Weber, Inc., 2320 Creve Coeur Mill Road, Maryland Heights, Missouri 63043. Mine: Joliet MI, LLC Mine, MSHA I.D. No. 11-03153, located in Will County, Illinois. Regulation Affected: 30 CFR 49.6(a)(1) (Equipment and maintenance requirements). Sheila McConnell, Director, Office of Standards, Regulations, and Variances. [FR Doc. 2017-22271 Filed 10-13-17; 8:45 am] BILLING CODE 4520-43-P
![48118 Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Notices
working place will be free of and refresher training regarding (Email), or 202–693–9441 (Telefax).
accumulations of coal dust and coal compliance with the terms and [These are not toll-free numbers].
spillages, and rock dust will be applied conditions of this petition. The operator SUPPLEMENTARY INFORMATION:
on the roof, rib, and floor to within 20 will provide all miners involved in the
feet of the face when mining through the well intersection with training regarding I. Introduction
well. On longwall sections, rock dusting the requirements of this petition prior to Under section 101 of the Federal Mine
will be conducted and placed on the mining within 150 feet of the next well Safety and Health Act of 1977, a mine
roof, rib, and floor up to both the to be mined through. operator may petition and the Secretary
headgate and tailgate gob. Within 30 days after this petition of Labor (Secretary) may modify the
(10) When the well is intersected, the becomes final, the petitioner will submit application of a mandatory safety
operator will deenergize all equipment proposed revisions for its approved standard to that mine if the Secretary
and thoroughly examine and determine mine emergency evacuation and determines that: (1) An alternative
they are safe before mining is resumed. firefighting plan required in 30 CFR method exists that will guarantee no
After a well has been intersected and 75.1501. The operator will revise the less protection for the miners affected
the working place determined safe, plans to include the hazards and than that provided by the standard; or
mining will continue inby the well at a evacuation procedures to be used for (2) the application of the standard will
distance sufficient to permit adequate well intersections. All underground result in a diminution of safety to the
ventilation around the area of the well. miners will be trained in this revised affected miners.
(11) If the casing is cut or milled at plan within 30 days of the DM’s MSHA bases the final decision on the
the coal seam level, the use of torches approval of the revised evacuation plan. petitioner’s statements, any comments
should not be necessary. However, in The petitioner asserts that the and information submitted by interested
rare instances, torches may be used for proposed alternative method will at all persons, and a field investigation of the
inadequately or inaccurately cut or times guarantee no less than the same conditions at the mine. In some
milled casings. No open flame is measure of protection afforded by the instances, MSHA may approve a
permitted in the area until adequate existing standard. petition for modification on the
ventilation has been established around condition that the mine operator
the wellbore and methane levels less Sheila McConnell,
complies with other requirements noted
than 1.0 percent are present in all areas Director, Office of Standards, Regulations,
in the decision.
that will be exposed to flames and and Variances.
sparks from the torch. The operator will [FR Doc. 2017–22270 Filed 10–13–17; 8:45 am] II. Granted Petitions for Modification
apply a thick layer of rock dust to the BILLING CODE 4520–43–P On the basis of the findings of
roof, face, floor, ribs, and any exposed MSHA’s investigation, and as designee
coal within 20 feet of the casing prior of the Secretary, MSHA has granted or
to any use of torches. DEPARTMENT OF LABOR partially granted the following petitions
(12) Non-sparking (brass) tools will be for modification:
located on the working section and will Mine Safety and Health Administration
• Docket Number: M–2012–075–C.
be used to expose and examine cased FR Notice: 77 FR 30556 (May 23,
Affirmative Decisions on Petitions for
wells. 2012).
(13) No person will be permitted in Modification Granted in Whole or in
Part Petitioner: Mountain Coal Company,
the area of the mine-through operation
P.O. Box 591, 5174 Highway 133,
except those actually engaged in the AGENCY: Mine Safety and Health Somerset, Colorado 81434.
mining operation, including company Administration (MSHA), Labor. Mine: West Elk Mine, MSHA I.D. No.
personnel, representative of the miners, ACTION: Notice. 05–03672, located in Gunnison County,
personnel from MSHA, and personnel
Colorado.
from the appropriate State agency. SUMMARY: Section 101(c) of the Federal Regulation Affected: 30 CFR 75.500(d)
(14) The operator will alert all Mine Safety and Health Act of 1977 (Permissible electric equipment).
personnel in the mine to the planned govern the application, processing, and
intersection of the well prior to their • Docket Number: M–2014–011–C.
disposition of petitions for modification.
going underground if the planned FR Notice: 79 FR 30174 (May 27,
This Federal Register Notice notifies the
intersection is to occur during their 2014).
public that MSHA has investigated and
shift. This warning will be repeated for Petitioner: Consol Pennsylvania Coal
issued a final decision on certain mine
all shifts until the well has been mined Company, LLC, Consol Energy, Inc.,
operator petitions to modify a safety
through. CNX Center, 1000 Consol Energy Drive,
standard.
(15) A certified official will directly Canonsburg, Pennsylvania 15317–6506.
supervise the mine-through operation ADDRESSES: Copies of the final decisions Mine: Enlow Fork Mine, MSHA I.D.
and only the certified official in charge are posted on MSHA’s Web site at No. 36–07416, located in Greene
will issue instructions concerning the https://www.msha.gov/regulations/ County, Pennsylvania.
mine-through operation. rulemaking/petitions-modification. The Regulation Affected: 30 CFR 75.1700
(16) The responsible person required public may inspect the petitions and (Oil and Gas wells).
in 30 CFR 75.1501 will be responsible final decisions during normal business • Docket Number: M–2014–012–C.
for well intersection emergencies. The hours in MSHA’s Office of Standards, FR Notice: 79 FR 30176 (May 27,
responsible person will review the well Regulations, and Variances, 201 12th 2014).
ethrower on DSK3G9T082PROD with NOTICES
intersection procedures prior to any Street South, Suite 4E401, Arlington, Petitioner: Consol Pennsylvania Coal
planned intersection. Virginia 22202. All visitors are required Company, LLC, Consol Energy, Inc.,
Within 30 days after this petition to check in at the receptionist’s desk in CNX Center, 1000 Consol Energy Drive,
becomes final, the petitioner will submit Suite 4E401. Canonsburg, Pennsylvania 15317–6506.
proposed revisions for its approved Part FOR FURTHER INFORMATION CONTACT: Mine: Bailey Mine, MSHA I.D. No.
48 training plan to the DM. The Barbara Barron at 202–693–9447 36–07230, located in Greene County,
proposed revisions will include initial (Voice), barron.barbara@dol.gov Pennsylvania.
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![Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Notices 48119
Regulation Affected: 30 CFR 75.1700 Regulation Affected: 30 CFR 75.1700 DEPARTMENT OF LABOR
(Oil and gas wells). (Oil and gas wells).
• Docket Number: M–2014–013–C. • Docket Number: M–2016–021–C. Occupational Safety and Health
FR Notice: 79 FR 30178 (May 27, Administration
FR Notice: 81 FR 47420 (July 21,
2014). 2016). [Docket No. OSHA–2011–0064]
Petitioner: Consol Pennsylvania Coal Petitioner: The Marshall County Coal
Company, LLC, Consol Energy, Inc., Company, 57 Goshorn Woods Road, Forging Machines; Extension of the
CNX Center, 1000 Consol Energy Drive, Cameron, West Virginia 26033. Office of Management and Budget’s
Canonsburg, Pennsylvania 15317–6506. (OMB) Approval of Information
Mine: Marshall County Mine, MSHA
Mine: Harvey Mine (formerly BMX Collection (Paperwork) Requirements
I.D. No. 46–01437, located in Marshall
Mine), MSHA I.D. No. 36–10045, County, West Virginia. AGENCY: Occupational Safety and Health
located in Greene County, Pennsylvania.
Regulation Affected: 30 CFR Administration (OSHA), Labor.
Regulation Affected: 30 CFR 75.1700
77.1914(a) (Electrical equipment). ACTION: Request for public comment.
(Oil and gas wells).
• Docket Number: M–2016–016–C. • Docket Number: M–2016–024–C.
FR Notice: 81 FR 55490 (August 19, SUMMARY: OSHA is soliciting public
FR Notice: 81 FR 47423 (July 21, comments concerning its proposal to
2016). 2016).
extend the Office of Management and
Petitioner: Marshall County Coal Petitioner: Signal Peak Energy, LLC,
Budget’s (OMB) approval of the
Company, 1 Bridge Street, Monongah, 100 Portal Drive, Roundup, Montana
information collection requirements
West Virginia 26554. 59072.
contained in the Forging Machines
Mine: Marshall County Mine, MSHA Mine: Bull Mountains Mine #1, Standard.
I.D. No. 46–01437, located in Marshall MSHA I.D. No. 24–01950, located in
County, West Virginia. Musselshell County, Montana. DATES: Comments must be submitted
Regulation Affected: 30 CFR 75.1700 Regulation Affected: 30 CFR 75.312(c) (postmarked, sent, or received) by
(Oil and gas wells). (Main mine fan examinations and December 15, 2017.
records). ADDRESSES:
• Docket Number: M–2016–017–C.
Electronically: You may submit
FR Notice: 81 FR 47426 (July 21, • Docket Number: M–2016–025–C. comments and attachments
2016). FR Notice: 81 FR 55491 (August 19,
Petitioner: The Marion County Coal electronically at http://
2016). www.regulations.gov, the Federal
Company, 1 Bridge Street, Monongah, Petitioner: Ohio County Coal
West Virginia 26554. eRulemaking Portal. Follow the
Company, 1107 Golden Ridge Road, instructions online for submitting
Mine: Marion County Mine, MSHA Dallas, West Virginia 26036.
I.D. No. 46–01433, located in Marion comments.
Mine: Ohio County Mine, MSHA I.D. Facsimile: If your comments,
County, West Virginia.
No. 46–01436, located in Marshall including attachments, are not longer
Regulation Affected: 30 CFR 75.1700
County, West Virginia. than 10 pages, you may fax them to the
(Oil and gas wells).
Regulation Affected: 30 CFR OSHA Docket Office at (202) 693–1648.
• Docket Number: M–2016–018–C. 77.1914(a) (Electrical equipment). Mail, hand delivery, express mail,
FR Notice: 81 FR 47428 (July 21, messenger, or courier service: When
2016). • Docket Number: M–2016–036–C.
FR Notice: 81 FR 16066 (March 31, using these methods, you must submit
Petitioner: The Monongalia County a copy of your comments and
Coal Company, 1 Bridge Street, 2017).
attachments to the OSHA Docket Office,
Monongah, West Virginia 26554. Petitioner: Pennyrile Energy, LLC,
Docket No. OSHA–2011–0064,
Mine: Monongalia County Mine, 7386 State Route 593, Calhoun,
Occupational Safety and Health
MSHA I.D. No. 46–01968, located in Kentucky 42327.
Administration, U.S. Department of
Monongalia County, West Virginia. Mine: Riveredge Mine, MSHA I.D. No.
Labor, Room N–3653, 200 Constitution
Regulation Affected: 30 CFR 75.1700 15–19424, located in McLean County,
Avenue NW., Washington, DC 20210.
(Oil and gas wells). Kentucky.
Deliveries (hand, express mail,
• Docket Number: M–2016–019–C. Regulation Affected: 30 CFR 75.1700 messenger, and courier service) are
FR Notice: 81 FR 47431 (July 21, (Oil and gas wells). accepted during the Docket Office’s
2016). • Docket Number: M–2016–010–M. normal business hours, 10:00 a.m. to
Petitioner: The Harrison County Coal FR Notice: 82 FR 16071 (March 31, 3:00 p.m., ET.
Company, 1 Bridge Street, Monongah, 2017). Instructions: All submissions must
West Virginia 26554. Petitioner: Fred Weber, Inc., 2320 include the Agency name and OSHA
Mine: Harrison County Mine, MSHA Creve Coeur Mill Road, Maryland docket number for the ICR (OSHA–
I.D. No. 46–01318, located in Marion Heights, Missouri 63043. 2011–0064). All comments, including
County, West Virginia. Mine: Joliet MI, LLC Mine, MSHA I.D. any personal information you provide,
Regulation Affected: 30 CFR 75.1700 No. 11–03153, located in Will County, are placed in the public docket without
(Oil and gas wells). Illinois. change, and may be made available
• Docket Number: M–2016–020–C. Regulation Affected: 30 CFR 49.6(a)(1) online at http://www.regulations.gov.
FR Notice: 81 FR 47434 (July 21, (Equipment and maintenance For further information on submitting
ethrower on DSK3G9T082PROD with NOTICES
2016). requirements). comments, see the ‘‘Public
Petitioner: The Ohio County Coal Participation’’ heading in the section of
Company, 1 Bridge Street, Monongah, Sheila McConnell, this notice titled SUPPLEMENTARY
West Virginia 26554. Director, Office of Standards, Regulations, INFORMATION.
Mine: Ohio County Mine, MSHA I.D. and Variances. Docket: To read or download
No. 46–01436, located in Marshall [FR Doc. 2017–22271 Filed 10–13–17; 8:45 am] comments or other materials in the
County, West Virginia. BILLING CODE 4520–43–P docket, go to http://www.regulations.gov
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Document Created: 2017-10-14 01:42:17
Document Modified: 2017-10-14 01:42:17
| 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 | 82 FR 48118 |
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