83 FR 54615 - 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 210 (October 30, 2018)

Page Range		54615-54616
FR Document		2018-23649

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 210 (Tuesday, October 30, 2018)

[Federal Register Volume 83, Number 210 (Tuesday, October 30, 2018)]
[Notices]
[Pages 54615-54616]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23649]


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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), barron.barbara@dol.gov (email), or 202-693-9441 (fax). [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

[[Page 54616]]

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-2016-033-C.
    FR Notice: 81 FR 81811 (11/18/2016).
    Petitioner: Mach Mining LLC, P.O. Box 300, Johnston City, Illinois 
62951.
    Mine: Mach No. 1 Mine, MSHA I.D. No. 11-03141, located in 
Williamson County, Illinois.
    Regulation Affected: 30 CFR 75.503 (Permissible electric face 
equipment; maintenance) and 30 CFR 18.35(a)(5)(i) (Portable (trailing) 
cables and cords).

     Docket Number: M-2017-013-C.
    FR Notice: 82 FR 34700 (7/26/2017).
    Petitioner: Texas Westmoreland Coal Company, P.O. Box 915, Jewett, 
Texas 75846.
    Mine: Jewett Mine, MSHA I.D. No. 41-03164, located in Leon County, 
Texas.
    Regulation Affected: 30 CFR 77.803 (Fail safe ground check circuits 
on high-voltage resistance grounded systems).

     Docket Number: M-2017-019-C.
    FR Notice: 82 FR 49684 (10/26/2017).
    Petitioner: Marfork Coal Company, LLC, 500 Lee Street East, Suite 
701 (25301), Post Office Box 2548, Charleston, West Virginia 25329.
    Mine: Slip Ridge Cedar Grove Mine, MSHA I.D. No. 46-09048, located 
in Raleigh County, West Virginia.
    Regulation Affected: 30 CFR 75.360 (Preshift examination at fixed 
intervals).

     Docket Number: M-2017-021-C.
    FR Notice: 82 FR 60045 (12/18/2017).
    Petitioner: Rosebud Mining Company, 301 Market Street, Kittanning, 
Pennsylvania 16201.
    Mines: Lowry Mine, MSHA I.D. No. 36-09287 and Heilwood Mine, MSHA 
I.D. No. 36-09407, located in Indiana County, Pennsylvania; Penfield 
Mine, MSHA I.D. No. 36-09355, located in Clearfield County, 
Pennsylvania; and Mine 78, MSHA I.D. No. 36-09371, located in Somerset 
County, Pennsylvania.
    Regulation Affected: 30 CFR 75.503 (Permissible electric face 
equipment; maintenance) and 30 CFR 18.35(a)(5)(i) (Portable (trailing) 
cables and cords).

     Docket Number: M-2018-013-C.
    FR Notice: 83 FR 17686 (4/23/2018).
    Petitioner: The Coteau Properties Company, 204 County Road, Beulah, 
North Dakota 58523-9475.
    Mine: Freedom Mine, MSHA I.D. No. 32-00595, located in Mercer 
County, North Dakota.
    Regulation Affected: 30 CFR 77.1607(u) (Loading and haulage 
equipment; operation).

     Docket Number: M-2018-001-M.
    FR Notice: 83 FR 4929 (2/2/2018).
    Petitioner: Martin Marietta Kansas City, LLC, 1099 18th Street, 
Suite 2150, Denver, Colorado 80202.
    Mines: Randolph Deep Mine, MSHA I.D. No. 23-02308, located in Clay 
County, Missouri; Stamper Underground Mine, MSHA I.D, No. 23-02232 and 
Parkville Quarry, MSHA I.D. No. 23-01883, located in Platte County, 
Missouri.
    Regulation Affected: 30 CFR 49.6(a)(1) (Equipment and maintenance 
requirements).

     Docket Number: M-2018-002-M.
    FR Notice: 83 FR 7780 (2/22/2018).
    Petitioner: Central Plains Cement Company, 1801 Wewatta Street, 
Suite 1000, Denver, Colorado 80202.
    Mine: Sugar Creek Underground Mine, MSHA I.D. No. 23-02171, located 
in Jackson County, Missouri.
    Regulation Affected: 30 CFR 49.6(a)(1) (Equipment and maintenance 
requirements).


Roslyn B. Fontaine,
Deputy Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2018-23649 Filed 10-29-18; 8:45 am]
 BILLING CODE 4520-43-P

Federal Register / Vol. 83, No. 210 / Tuesday, October 30, 2018 / Notices 54615

Online Licensing, http:// is no longer authorized to dispense Dated: October 18, 2018.
www.nhlicenses.nh.gov (last visited controlled substances under the laws of Uttam Dhillon,
October 18, 2018). the State in which he practices. See, Acting Administrator.
Accordingly, I find that Registrant e.g., Hooper, supra, 76 FR at 71,371–72; [FR Doc. 2018–23708 Filed 10–29–18; 8:45 am]
currently is not licensed to engage in the Sheran Arden Yeates, M.D., 71 FR BILLING CODE 4410–09–P
practice of medicine in New Hampshire, 39,130, 39,131 (2006); Dominick A.
the State in which he is registered with Ricci, M.D., 58 FR 51,104, 51,105 (1993);
the DEA. Bobby Watts, M.D., 53 FR 11,919, 11,920 DEPARTMENT OF LABOR
Discussion (1988); Blanton, supra, 43 FR at 27,617.
Mine Safety and Health Administration
Pursuant to 21 U.S.C. 824(a)(3), the In this case, according to the Board,
Attorney General is authorized to the Registrant is alleged to have engaged Affirmative Decisions on Petitions for
suspend or revoke a registration issued in numerous acts of professional Modification Granted in Whole or in
under section 823 of the Controlled misconduct based upon, inter alia, Part
Substances Act (hereinafter, CSA), inappropriate personal relationships
‘‘upon a finding that the registrant . . . with patients, as well as his issuance of AGENCY: Mine Safety and Health
has had his State license or registration controlled substance prescriptions for Administration (MSHA), Labor.
suspended . . . [or] revoked . . . by no legitimate medical purpose in ACTION: Notice.
competent State authority and is no violation of New Hampshire law. GX 3,
longer authorized by State law to engage SUMMARY: The Federal Mine Safety and
at 3–9. As a result of Registrant’s alleged
in the . . . dispensing of controlled Health Act of 1977 and the Code of
misconduct, on September 25, 2017, the
substances.’’ With respect to a Federal Regulations govern the
Board issued its Order of Emergency application, processing, and disposition
practitioner, the DEA has also long held
that the possession of authority to License Suspension and Notice of of petitions for modification. This
dispense controlled substances under Hearing. On September 26, 2017, Federal Register notice notifies the
the laws of the State in which a Registrant entered into a Preliminary public that MSHA has investigated and
practitioner engages in professional Agreement Not to Practice, whereby he issued a final decision on certain mine
practice is a fundamental condition for agreed, inter alia, ‘‘not to practice operator petitions to modify a safety
obtaining and maintaining a medicine . . . [including the writing of] standard.
practitioner’s registration. See, e.g., prescriptions . . . until further order of
ADDRESSES: Copies of the final decisions
James L. Hooper, M.D., 76 FR 71,371 the Board.’’ GX 4, at 1. On October 9,
are posted on MSHA’s website at
(2011), pet. for rev. denied, 481 Fed. 2017, the Board accepted Registrant’s
https://www.msha.gov/regulations/
Appx. 826 (4th Cir. 2012); Frederick Preliminary Agreement Not to Practice. rulemaking/petitions-modification. The
Marsh Blanton, M.D., 43 FR 27,616, GX 4, at 3. Consequently, Registrant is public may inspect the petitions and
27,617 (1978). not currently authorized to handle
This rule derives from the text of two final decisions during normal business
controlled substances in the State of hours in MSHA’s Office of Standards,
provisions of the CSA. First, Congress New Hampshire, the State in which he
defined the term ‘‘practitioner’’ to mean Regulations, and Variances, 201 12th
is registered with the Agency and, Street South, Suite 4E401, Arlington,
‘‘a physician . . . or other person therefore, he is not entitled to maintain
licensed, registered, or otherwise Virginia 22202. All visitors are required
his DEA registration. Hooper, supra, 76 to check in at the receptionist’s desk in
permitted, by . . . the jurisdiction in
FR at 71,371–72, Blanton, supra, 43 FR Suite 4E401.
which he practices . . ., to distribute,
dispense, . . . [or] administer . . . a at 27,617. Accordingly, I will order that FOR FURTHER INFORMATION CONTACT:
controlled substance in the course of Registrant’s registration be revoked, that Barbara Barron at 202–693–9447 (voice),
professional practice.’’ 21 U.S.C. any pending application for the renewal barron.barbara@dol.gov (email), or 202–
802(21). Second, in setting the or modification of his registration be 693–9441 (fax). [These are not toll-free
requirements for obtaining a denied, and that any pending numbers].
practitioner’s registration, Congress application by Registrant for a SUPPLEMENTARY INFORMATION:
directed that ‘‘[t]he Attorney General registration in New Hampshire be
shall register practitioners . . . if the denied. 21 U.S.C. 824(a)(3) and 823(f). I. Introduction
applicant is authorized to dispense . . . Under section 101 of the Federal Mine
Order
controlled substances under the laws of Safety and Health Act of 1977, a mine
the State in which he practices.’’ 21 Pursuant to 28 CFR 0.100(b) and the operator may petition and the Secretary
U.S.C. 823(f). Because Congress has authority thus vested in me by 21 U.S.C. of Labor (Secretary) may modify the
clearly mandated that a practitioner 824(a), I order that DEA Certificate of application of a mandatory safety
possess State authority in order to be Registration No. BK7282940 issued to standard to that mine if the Secretary
deemed a practitioner under the CSA, determines that: (1) An alternative
Eric Lee Knight, M.D., be, and it hereby
the DEA has held repeatedly that method exists that will guarantee no
is, revoked. Pursuant to 28 CFR 0.100(b)
revocation of a practitioner’s registration less protection for the miners affected
is the appropriate sanction whenever he and the authority thus vested in me by
than that provided by the standard; or
21 U.S.C. 823(f), I further order that any
(2) the application of the standard will
party is entitled, on timely request, to an pending application of Eric Lee Knight, result in a diminution of safety to the
khammond on DSK30JT082PROD with NOTICES

opportunity to show the contrary.’’ Accordingly, M.D., to renew or modify this affected miners.
Registrant may dispute my finding by filing a registration, as well as any other
properly supported motion for reconsideration MSHA bases the final decision on the
within 20 calendar days of the date of this Order. pending application by him for petitioner’s statements, any comments
Any such motion shall be filed with the Office of registration in the State of New and information submitted by interested
the Administrator and a copy shall be served on the Hampshire, be, and it hereby is, denied.
Government. In the event Registrant files a motion,
persons, and a field investigation of the
the Government shall have 20 calendar days to file
This Order is effective November 29, conditions at the mine. In some
a response. 2018. instances, MSHA may approve a

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54616 Federal Register / Vol. 83, No. 210 / Tuesday, October 30, 2018 / Notices

petition for modification on the Mine: Freedom Mine, MSHA I.D. No. Harmonized System of Classification
condition that the mine operator 32–00595, located in Mercer County, and Labelling of Chemicals (GHS)
complies with other requirements noted North Dakota. Coordinating Group, plans to consider
in the decision. Regulation Affected: 30 CFR the comments and information gathered
77.1607(u) (Loading and haulage at this public meeting when developing
II. Granted Petitions for Modification equipment; operation). the U.S. Government positions for the
On the basis of the findings of • Docket Number: M–2018–001–M. UNSCEGHS meeting. OSHA also will
MSHA’s investigation, and as designee FR Notice: 83 FR 4929 (2/2/2018). give an update on the Regulatory
of the Secretary, MSHA has granted or Petitioner: Martin Marietta Kansas Cooperation Council (RCC).
partially granted the following petitions City, LLC, 1099 18th Street, Suite 2150, Also on Tuesday, November 13, 2018,
for modification: Denver, Colorado 80202. the Department of Transportation
• Docket Number: M–2016–033–C. Mines: Randolph Deep Mine, MSHA (DOT), Pipeline and Hazardous
FR Notice: 81 FR 81811 (11/18/2016). I.D. No. 23–02308, located in Clay Materials Safety Administration
Petitioner: Mach Mining LLC, P.O. County, Missouri; Stamper (PHMSA) will conduct a public meeting
Box 300, Johnston City, Illinois 62951. Underground Mine, MSHA I.D, No. 23– (See Docket No. PHMSA–2018–0024
Mine: Mach No. 1 Mine, MSHA I.D. 02232 and Parkville Quarry, MSHA I.D. Notice No. 2018–11) to discuss
No. 11–03141, located in Williamson No. 23–01883, located in Platte County, proposals in preparation for the 54th
County, Illinois. Missouri. session of the United Nations Sub-
Regulation Affected: 30 CFR 75.503 Regulation Affected: 30 CFR 49.6(a)(1) Committee of Experts on the Transport
(Permissible electric face equipment; (Equipment and maintenance of Dangerous Goods (UNSCE TDG) to be
maintenance) and 30 CFR 18.35(a)(5)(i) requirements). held November 26 through December 4,
(Portable (trailing) cables and cords). • Docket Number: M–2018–002–M. 2018, in Geneva, Switzerland. During
• Docket Number: M–2017–013–C. FR Notice: 83 FR 7780 (2/22/2018). this meeting, PHMSA is also requesting
FR Notice: 82 FR 34700 (7/26/2017). Petitioner: Central Plains Cement comments relative to potential new
Petitioner: Texas Westmoreland Coal Company, 1801 Wewatta Street, Suite work items that may be considered for
Company, P.O. Box 915, Jewett, Texas 1000, Denver, Colorado 80202. inclusion in its international agenda.
75846. Mine: Sugar Creek Underground PHMSA will also provide an update on
Mine: Jewett Mine, MSHA I.D. No. Mine, MSHA I.D. No. 23–02171, located recent actions to enhance transparency
41–03164, located in Leon County, in Jackson County, Missouri. and stakeholder interaction through
Texas. Regulation Affected: 30 CFR 49.6(a)(1) improvements to the international
Regulation Affected: 30 CFR 77.803 (Equipment and maintenance standards portion of its website.
(Fail safe ground check circuits on high- requirements). DATES: Tuesday, November 13, 2018.
voltage resistance grounded systems). Roslyn B. Fontaine, ADDRESSES: Both meetings will be held
• Docket Number: M–2017–019–C. Deputy Director, Office of Standards, at the DOT Headquarters Conference
FR Notice: 82 FR 49684 (10/26/2017). Regulations, and Variances. Center, West Building, Oklahoma City
Petitioner: Marfork Coal Company, [FR Doc. 2018–23649 Filed 10–29–18; 8:45 am] Conference Room, 1200 New Jersey
LLC, 500 Lee Street East, Suite 701 BILLING CODE 4520–43–P Avenue SE, Washington, DC 20590.
(25301), Post Office Box 2548, Times and Locations: PHMSA public
Charleston, West Virginia 25329. meeting: 9 a.m. to 12 p.m. EDT,
Mine: Slip Ridge Cedar Grove Mine, DEPARTMENT OF LABOR Oklahoma City Conference Room,
MSHA I.D. No. 46–09048, located in OSHA public meeting: 1 p.m. to 4 p.m.
Raleigh County, West Virginia. Occupational Safety and Health EDT, Oklahoma City Conference Room
Regulation Affected: 30 CFR 75.360 Administration Advanced Meeting Registration: DOT
(Preshift examination at fixed intervals). [Docket No. OSHA–2016–0005] requests that attendees pre-register for
• Docket Number: M–2017–021–C. these meetings by completing the form
FR Notice: 82 FR 60045 (12/18/2017). Preparations for the 36th Session of at: https://www.surveymonkey.com/r/
Petitioner: Rosebud Mining Company, the UN Sub-Committee of Experts on XGN8J7X.
301 Market Street, Kittanning, the Globally Harmonized System of Attendees may use the same form to
Pennsylvania 16201. Classification and Labelling of pre-register for both meetings. Failure to
Mines: Lowry Mine, MSHA I.D. No. Chemicals (UNSCEGHS) pre-register may delay your access into
36–09287 and Heilwood Mine, MSHA the DOT Headquarters building.
AGENCY: Occupational Safety and Health
I.D. No. 36–09407, located in Indiana Additionally, if you are attending in
Administration (OSHA), Department of
County, Pennsylvania; Penfield Mine, person, arrive early to allow time for
Labor.
MSHA I.D. No. 36–09355, located in security checks necessary to access the
ACTION: Notice of public meeting.
Clearfield County, Pennsylvania; and building.
Mine 78, MSHA I.D. No. 36–09371, SUMMARY: This notice is to advise Conference call-in and ‘‘Skype
located in Somerset County, interested persons that on Tuesday, meeting’’ capability will be provided for
Pennsylvania. November 13, 2018, OSHA will conduct both meetings. Information on how to
Regulation Affected: 30 CFR 75.503 a public meeting to discuss proposals in access the conference call and ‘‘Skype
(Permissible electric face equipment; preparation for the 36th session of the meeting’’ will be posted when available
khammond on DSK30JT082PROD with NOTICES

maintenance) and 30 CFR 18.35(a)(5)(i) United Nations Sub-Committee of at: https://www.phmsa.dot.gov/
(Portable (trailing) cables and cords). Experts on the Globally Harmonized international-program/international-
• Docket Number: M–2018–013–C. System of Classification and Labelling program-overview under Upcoming
FR Notice: 83 FR 17686 (4/23/2018). of Chemicals (UNSCEGHS) to be held Events. This information will also be
Petitioner: The Coteau Properties December 5 through December 7, 2018, posted on OSHA’s Hazard
Company, 204 County Road, Beulah, in Geneva, Switzerland. OSHA, along Communication website on the
North Dakota 58523–9475. with the U.S. Interagency Globally international tab at: https://

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Document Created: 2018-10-30 00:43:32
Document Modified: 2018-10-30 00:43:32

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 (fax). [These are not toll-free numbers].
FR Citation		83 FR 54615

83 FR 54615 - Affirmative Decisions on Petitions for Modification Granted in Whole or in Part

DEPARTMENT OF LABORMine Safety and Health Administration

Federal Register Volume 83, Issue 210 (October 30, 2018)

DEPARTMENT OF LABOR
Mine Safety and Health Administration