83 FR 10904 - Affirmative Decisions on Petitions for Modification Granted in Whole or in Part

DEPARTMENT OF LABOR
Mine Safety and Health Administration

Federal Register Volume 83, Issue 49 (March 13, 2018)

Page Range		10904-10905
FR Document		2018-04992

The Federal Mine Safety and Health Act of 1977 and the Code of Federal Regulations 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 83 Issue 49 (Tuesday, March 13, 2018)

[Federal Register Volume 83, Number 49 (Tuesday, March 13, 2018)]
[Notices]
[Pages 10904-10905]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04992]


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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: The Federal Mine Safety and Health Act of 1977 and the Code of 
Federal Regulations 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 website 
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

[[Page 10905]]

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-2016-031-C.
    FR Notice: 81 FR 81810 (11/18/2016).
    Petitioner: S & J Coal Mine, 15 Motter Drive, Pine Grove, 
Pennsylvania 17963-8854.
    Mine: Slope #2 Mine, MSHA I.D. No. 36-09963, located in Schuylkill 
County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors; permissibility).

     Docket Number: M-2017-001-C.
    FR Notice: 82 FR 16068 (3/31/2017).
    Petitioner: Mettiki Coal WV, LLC, 293 Table Rock Road, Oakland, 
Maryland 21550.
    Mine: Mountain View Mine, MSHA I.D. No. 46-09028, located in Tucker 
County, West Virginia.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).

     Docket Number: M-2017-002-C.
    FR Notice: 82 FR 16068 (3/31/2017).
    Petitioner: Mettiki Coal WV, LLC, 293 Table Rock Road, Oakland, 
Maryland 21550.
    Mine: Mountain View Mine, MSHA I.D. No. 46-09028, located in Tucker 
County, West Virginia.
    Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other 
than power-connection points; outby the last open crosscut; return air; 
permissibility requirements).

     Docket Number: M-2017-003-C.
    FR Notice: 82 FR 16068 (3/31/2017).
    Petitioner: Mettiki Coal WV, LLC, 293 Table Rock Road, Oakland, 
Maryland 21550.
    Mine: Mountain View Mine, MSHA I.D. No. 46-09028, located in Tucker 
County, West Virginia.
    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors; permissibility).

     Docket Number: M-2017-008-C.
    FR Notice: 82 FR 26954 (6/12/2017).
    Petitioner: Excel Mining, LLC, 4126 State Highway 194 West, 
Pikeville, Kentucky 41501.
    Mine: Excel Mining #4 Mine, MSHA I.D. No. 15-19515, located in Pike 
County, Kentucky.
    Regulation Affected: 30 CFR 75.1909(b)(6) (Nonpermissible diesel 
powered equipment; design and performance requirements).

     Docket Number: M-2017-002-M.
    FR Notice: 82 FR 34701 (7/26/2017).
    Petitioner: Martin Marietta Materials, Inc., Midwest Division, 
11252 Aurora Avenue, Des Moines, Iowa 50322.
    Mine: Fort Calhoun Underground Mine, 5765 County Road P 30, Fort 
Calhoun, Nebraska 68023, MSHA I.D. No. 25-01300, located in Washington 
County, Nebraska.
    Regulation Affected: 30 CFR 57.11052(d) (Refuge areas).

Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2018-04992 Filed 3-12-18; 8:45 am]
 BILLING CODE 4520-43-P

10904 Federal Register / Vol. 83, No. 49 / Tuesday, March 13, 2018 / Notices

‘‘Voluntary Protection Program 2(b)(1) authorizes this information OMB Control Number: 1218–0239.
Information,’’ to the Office of collection. See 29 U.S.C. 651(b)(1). Affected Public: Private Sector—
Management and Budget (OMB) for This information collection is subject businesses or other for-profits.
review and approval for continued use, to the PRA. A Federal agency generally Total Estimated Number of
without change, in accordance with the cannot conduct or sponsor a collection Respondents: 3,468.
Paperwork Reduction Act of 1995 of information, and the public is Total Estimated Number of
(PRA). Public comments on the ICR are generally not required to respond to an Responses: 3,808.
invited. information collection, unless it is Total Estimated Annual Time Burden:
DATES: The OMB will consider all approved by the OMB under the PRA 90,863 hours.
written comments that agency receives and displays a currently valid OMB Total Estimated Annual Other Costs
on or before April 12, 2018. Control Number. In addition, Burden: $0.
ADDRESSES: A copy of this ICR with notwithstanding any other provisions of Authority: 44 U.S.C. 3507(a)(1)(D).
applicable supporting documentation; law, no person shall generally be subject
to penalty for failing to comply with a Michel Smyth,
including a description of the likely
collection of information that does not Departmental Clearance Officer.
respondents, proposed frequency of
display a valid Control Number. See 5 [FR Doc. 2018–05030 Filed 3–12–18; 8:45 am]
response, and estimated total burden
may be obtained free of charge from the CFR 1320.5(a) and 1320.6. The DOL BILLING CODE 4510–26–P

RegInfo.gov website at http:// obtains OMB approval for this
www.reginfo.gov/public/do/ information collection under Control
PRAViewICR?ref_nbr=201711-1218-002 Number 1218–0239. DEPARTMENT OF LABOR
or by contacting Michel Smyth by OMB authorization for an ICR cannot
be for more than three (3) years without Mine Safety and Health Administration
telephone at 202–693–4129, TTY 202–
693–8064 (these are not toll-free renewal, and the DOL seeks to extend Affirmative Decisions on Petitions for
numbers) or by email at DOL_PRA_ PRA authorization for this information Modification Granted in Whole or in
PUBLIC@dol.gov. collection for three (3) more years, Part
Submit comments about this request without any change to existing
by mail to the Office of Information and requirements. For additional substantive AGENCY: Mine Safety and Health
Regulatory Affairs, Attn: OMB Desk information about this ICR, see the Administration (MSHA), Labor.
Officer for DOL–OSHA, Office of related notice published in the Federal ACTION: Notice.
Management and Budget, Room 10235, Register on August 30, 2017 (82 FR
725 17th Street NW, Washington, DC 41294). SUMMARY: The Federal Mine Safety and
20503; by Fax: 202–395–5806 (this is Interested parties are encouraged to Health Act of 1977 and the Code of
not a toll-free number); or by email: send comments to the OMB, Office of Federal Regulations govern the
OIRA_submission@omb.eop.gov. Information and Regulatory Affairs at application, processing, and disposition
Commenters are encouraged, but not the address shown in the ADDRESSES of petitions for modification. This
required, to send a courtesy copy of any section within thirty (30) days of Federal Register notice notifies the
comments by mail or courier to the U.S. publication of this notice in the Federal public that MSHA has investigated and
Department of Labor—OASAM, Office Register. In order to help ensure issued a final decision on certain mine
of the Chief Information Officer, Attn: appropriate consideration, comments operator petitions to modify a safety
Departmental Information Compliance should mention OMB Control Number standard.
Management Program, Room N1301, 128–0239. ADDRESSES: Copies of the final decisions
200 Constitution Avenue NW, The OMB is particularly interested in are posted on MSHA’s website at
Washington, DC 20210; or by email: comments that: https://www.msha.gov/regulations/
DOL_PRA_PUBLIC@dol.gov. • Evaluate whether the proposed rulemaking/petitions-modification. The
collection of information is necessary public may inspect the petitions and
FOR FURTHER INFORMATION CONTACT:
for the proper performance of the final decisions during normal business
Michel Smyth by telephone at 202–693–
functions of the agency, including hours in MSHA’s Office of Standards,
4129, TTY 202–693–8064 (these are not
whether the information will have Regulations, and Variances, 201 12th
toll-free numbers) or by email at DOL_
practical utility; Street South, Suite 4E401, Arlington,
PRA_PUBLIC@dol.gov. • Evaluate the accuracy of the
SUPPLEMENTARY INFORMATION: This ICR Virginia 22202. All visitors are required
agency’s estimate of the burden of the
seeks to extend PRA authority for the to check in at the receptionist’s desk in
proposed collection of information,
Voluntary Protection Program (VPP) Suite 4E401.
including the validity of the
information collection. The VPP is a methodology and assumptions used; FOR FURTHER INFORMATION CONTACT:
partnership between labor, • Enhance the quality, utility, and Barbara Barron at 202–693–9447
management, and government designed clarity of the information to be (Voice), barron.barbara@dol.gov
to recognize and promote excellence in collected; and (Email), or 202–693–9441 (Telefax).
safety and health management. In order • Minimize the burden of the [These are not toll-free numbers].
to participate in the VPP, an applicant collection of information on those who SUPPLEMENTARY INFORMATION:
submits an application and an annual are to respond, including through the
self-evaluation containing a detailed I. Introduction
use of appropriate automated,
description of its safety and health electronic, mechanical, or other Under section 101 of the Federal Mine
amozie on DSK30RV082PROD with NOTICES

management programs to the OSHA, technological collection techniques or Safety and Health Act of 1977, a mine
which uses the information to conduct other forms of information technology, operator may petition and the Secretary
a preliminary analysis of the worksite’s e.g., permitting electronic submission of of Labor (Secretary) may modify the
programs and to make a preliminary responses. application of a mandatory safety
determination regarding the worksite’s Agency: DOL–OSHA. standard to that mine if the Secretary
qualifications for the VPP. Occupational Title of Collection: Voluntary determines that: (1) An alternative
Safety and Health Act of 1970 section Protection Program Information. method exists that will guarantee no

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Federal Register / Vol. 83, No. 49 / Tuesday, March 13, 2018 / Notices 10905

less protection for the miners affected • Docket Number: M–2017–008–C. Persons delivering documents are
than that provided by the standard; or FR Notice: 82 FR 26954 (6/12/2017). required to check in at the receptionist’s
(2) the application of the standard will Petitioner: Excel Mining, LLC, 4126 desk in Suite 4E401. Individuals may
result in a diminution of safety to the State Highway 194 West, Pikeville, inspect copies of the petition and
affected miners. Kentucky 41501. comments during normal business
MSHA bases the final decision on the Mine: Excel Mining #4 Mine, MSHA hours at the address listed above.
petitioner’s statements, any comments I.D. No. 15–19515, located in Pike MSHA will consider only comments
and information submitted by interested County, Kentucky. postmarked by the U.S. Postal Service or
persons, and a field investigation of the Regulation Affected: 30 CFR proof of delivery from another delivery
conditions at the mine. In some 75.1909(b)(6) (Nonpermissible diesel service such as UPS or Federal Express
instances, MSHA may approve a powered equipment; design and on or before the deadline for comments.
petition for modification on the performance requirements). FOR FURTHER INFORMATION CONTACT:
condition that the mine operator • Docket Number: M–2017–002–M. Barbara Barron, Office of Standards,
complies with other requirements noted FR Notice: 82 FR 34701 (7/26/2017). Regulations, and Variances at 202–693–
in the decision. Petitioner: Martin Marietta Materials, 9447 (Voice), barron.barbara@dol.gov
II. Granted Petitions for Modification Inc., Midwest Division, 11252 Aurora (Email), or 202–693–9441 (Facsimile).
Avenue, Des Moines, Iowa 50322. [These are not toll-free numbers.]
On the basis of the findings of Mine: Fort Calhoun Underground
MSHA’s investigation, and as designee SUPPLEMENTARY INFORMATION: Section
Mine, 5765 County Road P 30, Fort 101(c) of the Federal Mine Safety and
of the Secretary, MSHA has granted or Calhoun, Nebraska 68023, MSHA I.D.
partially granted the following petitions Health Act of 1977 and Title 30 of the
No. 25–01300, located in Washington Code of Federal Regulations Part 44
for modification: County, Nebraska.
• Docket Number: M–2016–031–C. govern the application, processing, and
Regulation Affected: 30 CFR disposition of petitions for modification.
FR Notice: 81 FR 81810 (11/18/2016).
Petitioner: S & J Coal Mine, 15 Motter 57.11052(d) (Refuge areas).
I. Background
Drive, Pine Grove, Pennsylvania 17963– Sheila McConnell,
8854. Director, Office of Standards, Regulations,
Section 101(c) of the Federal Mine
Mine: Slope #2 Mine, MSHA I.D. No. and Variances. Safety and Health Act of 1977 (Mine
36–09963, located in Schuylkill County, [FR Doc. 2018–04992 Filed 3–12–18; 8:45 am]
Act) allows the mine operator or
Pennsylvania. representative of miners to file a
BILLING CODE 4520–43–P
Regulation Affected: 30 CFR petition to modify the application of any
75.1002(a) (Installation of electric mandatory safety standard to a coal or
equipment and conductors; DEPARTMENT OF LABOR other mine if the Secretary of Labor
permissibility). (Secretary) determines that:
• Docket Number: M–2017–001–C. Mine Safety and Health Administration 1. An alternative method of achieving
FR Notice: 82 FR 16068 (3/31/2017). the result of such standard exists which
Petitioner: Mettiki Coal WV, LLC, 293 Petitions for Modification of will at all times guarantee no less than
Table Rock Road, Oakland, Maryland Application of Existing Mandatory the same measure of protection afforded
21550. Safety Standards the miners of such mine by such
Mine: Mountain View Mine, MSHA standard; or
AGENCY: Mine Safety and Health 2. That the application of such
I.D. No. 46–09028, located in Tucker Administration, Labor.
County, West Virginia. standard to such mine will result in a
ACTION: Notice. diminution of safety to the miners in
Regulation Affected: 30 CFR 75.500(d)
(Permissible electric equipment). such mine.
SUMMARY: This notice is a summary of
• Docket Number: M–2017–002–C. In addition, the regulations at 30 CFR
petitions for modification submitted to
FR Notice: 82 FR 16068 (3/31/2017). 44.10 and 44.11 establish the
the Mine Safety and Health
Petitioner: Mettiki Coal WV, LLC, 293 requirements and procedures for filing
Administration (MSHA) by the parties
Table Rock Road, Oakland, Maryland petitions for modification.
listed below.
21550. II. Petitions for Modification
DATES: All comments on the petitions
Mine: Mountain View Mine, MSHA
I.D. No. 46–09028, located in Tucker must be received by MSHA’s Office of Docket Number: M–2018–001–C.
County, West Virginia. Standards, Regulations, and Variances Petitioner: LCT Energy, LP, 938 Mt.
Regulation Affected: 30 CFR 75.507– on or before April 12, 2018. Airy Drive, Suite 200, Johnstown,
1(a) (Electric equipment other than ADDRESSES: You may submit your Pennsylvania 15904.
power-connection points; outby the last comments, identified by ‘‘docket Mines: Maple Springs Mine, MSHA
open crosscut; return air; permissibility number’’ on the subject line, by any of I.D. No. 36–09973, Cass No. 1 Mine,
requirements). the following methods: MSHA I.D. No. 36–09974, Boone
• Docket Number: M–2017–003–C. 1. Electronic Mail: zzMSHA- Surface Mine, MSHA I.D. No. 36–10067,
FR Notice: 82 FR 16068 (3/31/2017). comments@dol.gov. Include the docket located in Somerset County,
Petitioner: Mettiki Coal WV, LLC, 293 number of the petition in the subject Pennsylvania; and Rustic Ridge Mine,
Table Rock Road, Oakland, Maryland line of the message. MSHA I.D. No. 36–10089, located in
21550. 2. Facsimile: 202–693–9441. Westmoreland County, Pennsylvania.
amozie on DSK30RV082PROD with NOTICES

Mine: Mountain View Mine, MSHA 3. Regular Mail or Hand Delivery: Regulation Affected: 30 CFR 75.500(d)
I.D. No. 46–09028, located in Tucker MSHA, Office of Standards, (Permissible electric equipment).
County, West Virginia. Regulations, and Variances, 201 12th Modification Request: The petitioner
Regulation Affected: 30 CFR Street South, Suite 4E401, Arlington, requests a modification of the existing
75.1002(a) (Installation of electric Virginia 22202–5452, Attention: Sheila standard to permit the use of battery-
equipment and conductors; McConnell, Director, Office of powered nonpermissible surveying
permissibility). Standards, Regulations, and Variances. equipment in or inby the last open

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Document Created: 2018-03-13 01:56:59
Document Modified: 2018-03-13 01:56:59

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		Barbara Barron at 202-693-9447 (Voice), [email protected] (Email), or 202-693-9441 (Telefax). [These are not toll-free numbers].
FR Citation		83 FR 10904

83 FR 10904 - Affirmative Decisions on Petitions for Modification Granted in Whole or in Part

DEPARTMENT OF LABORMine Safety and Health Administration

Federal Register Volume 83, Issue 49 (March 13, 2018)

DEPARTMENT OF LABOR
Mine Safety and Health Administration