83_FR_54825 83 FR 54615 - Affirmative Decisions on Petitions for Modification Granted in Whole or in Part

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 Range54615-54616
FR Document2018-23649

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
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactBarbara Barron at 202-693-9447 (voice), [email protected] (email), or 202-693-9441 (fax). [These are not toll-free numbers].
FR Citation83 FR 54615 

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