Affirmative Decisions on Petitions for Modification Granted in Whole or in Part
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 Federa...
Mine Safety and Health Administration (MSHA), Labor.
ACTION:
Notice.
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:
Sheila McConnell, 202-693-9440 (voice),
mcconnell.sheila.a@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 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:
Petitioner:
Marshall County Coal Company (formerly McElroy Coal Company), Three Gateway Center, Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222.
Mine:
Marshall County Mine, MSHA I.D. No. 46-01437, located in Marshall 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).
Petitioner:
Blue Mountain Energy, Inc., 3607 County Road #65, Rangely, Colorado 81648.
Mine:
Deserado Mine, MSHA I.D. No. 05-03505, located in Rio Blanco County, Colorado.
Regulation Affected:30 CFR 75.507-1(a) (Electric equipment other than power-connection points; outby the last open crosscut; return air; permissibility requirements).
Petitioner:
Peabody Midwest Mining, LLC, Three Gateway Center, Suite 1500, 40l Liberty Avenue, Pittsburgh, Pennsylvania 15222.
Mine:
Wildcat Hills Mine-Underground, MSHA I.D. No. 11-03156, located in Saline County, Illinois.
Regulation Affected:30 CFR 75.507-1(a) (Electric equipment other than power-connection points; outby the last open crosscut; return air; permissibility requirements).
Petitioner:
Wolf Run Mining, LLC, 21550 Barbour County Hwy., Philippi, West Virginia 26416.
Mine:
Sentinel Mine, MSHA I.D. No. 46-04168, located in Barbour 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).
Petitioner:
Utah American Energy, Inc., 794 North “C” Canyon Road, East Carbon, Utah 84520.
Mine:
Lila Canyon Mine, MSHA I.D. No. 42-02241, located in Carbon County, Utah.
Regulation Affected:30 CFR 75.507-1(a) (Electric equipment other than power-connection points; outby the last open crosscut; return air; permissibility requirements).
Petitioner:
River View Coal, LLC, 835 State Route 1179, Waverly, Kentucky 42462.
Mine:
River View Mine, MSHA I.D. No. 15-19374, located in Union County, Kentucky.
Regulation Affected:30 CFR 75.507-1(a) (Electric equipment other than power-connection points; outby the last open crosscut; return air; permissibility requirements).
Mine:
Viper Mine, MSHA I.D. No. 11-02664, located in Sangamon County, Illinois.
Regulation Affected:30 CFR 75.507-1(a) (Electric equipment other than power-connection points; outby the last open crosscut; return air; permissibility requirements).
Mine:
Emery Mine, MSHA I.D. No. 42-00079, located in Emery County, Utah.
Regulation Affected:30 CFR 75.507-1(a) (Electric equipment other than power-connection points; outby the last open crosscut; return air; permissibility requirements).
Use this for formal legal and research references to the published document.
84 FR 34950
Web Citation
Suggested Web Citation
Use this when citing the archival web version of the document.
“Affirmative Decisions on Petitions for Modification Granted in Whole or in Part,” thefederalregister.org (July 19, 2019), https://thefederalregister.org/documents/2019-15349/affirmative-decisions-on-petitions-for-modification-granted-in-whole-or-in-part.