Affirmative Decisions on Petitions for Modification Granted in Whole or in Part
The Federal Mine Safety and Health Act of 1977 and Title 30 of the Code of Federal Regulations govern the application, processing, and disposition of petitions for modification ...
Mine Safety and Health Administration (MSHA), Labor.
ACTION:
Notice.
SUMMARY:
The Federal Mine Safety and Health Act of 1977 and Title 30 of the Code of Federal Regulations govern the application, processing, and disposition of petitions for modification of mandatory safety standards. Any mine operator or representative of miners may petition for an alternative method of complying with an existing safety standard. MSHA reviews the content of each submitted petition, assesses the mine in question, and ultimately issues a decision on the petition. This notice includes a list of petitions for modification that were granted after MSHA's review and investigation, between April 20, 2019 and December 14, 2020.
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:
Roslyn B. Fontaine, 202-693-9440 (voice),
Fontaine.roslyn@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, any mine operator or representative of miners may petition to use an alternative approach to comply with a safety standard. In response, the Secretary of Labor (Secretary) or his or her designee 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
( printed page 320)
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. In other instances, MSHA may deny, dismiss, or revoke a petition for modification. In accordance with 30 CFR 44.5, MSHA publishes every final action granting a petition for modification.
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 petitions for modification below. Since the previous
Federal Register
notice (84 FR 34950) included petitions granted through April 19, 2019, listed below are petitions granted between April 20, 2019 and December 20, 2020. The granted petitions are shown in the order that MSHA received them.
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:
Warrior's Cardinal Mine, MSHA I.D. No. 15-14335, located in Hopkins 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).
Petitioner:
Tunnel Ridge, LLC, 2596 Battle Run Road, Triadelphia, West Virginia 26059.
Mine:
Tunnel Ridge Mine, MSHA I.D. No. 46-08864, located in Ohio 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:
Peabody Gateway North Mining, LLC, 12968 Illinois State Route 13, Coulterville, IL 62237.
Mine:
Gateway North Mine, MSHA I.D. No. 11-03235, located in Randolph 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:
Prairie State Generating Company, 4274 County Highway 12, Marissa, Illinois 62257.
Mine:
Lively Grove Mine, MSHA I.D. No. 11-03193, located in Washington 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).
Mines:
Cresson Mine, MSHA I.D. No. 36-09308 and Madison Mine, MSHA I.D. No. 36-09127, located in Cambria County, Pennsylvania; Barret Mine, MSHA I.D. No. 36-09342, Knob Creek Mine, MSHA I.D. No. 36-09394, Heilwood Mine, MSHA I.D. No. 36-09407, Brush Valley Mine, MSHA I.D. No. 36-09437, Lowry Mine, MSHA I.D. No. 36-09287, Coral-Graceton Mine, MSHA I.D. No. 36-09595 and Crooked Creek Mine, MSHA I.D. No. 36-09972, located in Indiana County, Pennsylvania; Tusky Mine, MSHA I.D. No. 33-04509, located in Tuscarawas County, Ohio; Penfield Mine, MSHA I.D. No. 36-09355 and Harmony Mine, MSHA I.D. No. 36-09477, located in Clearfield County, Pennsylvania; Bergholz 7 Mine, MSHA I.D. No. 33-04565, located in Jefferson County, Ohio; Mine 78, MSHA ID No. 36-09371, located in Somerset County, Pennsylvania; Vail Mine, MSHA I.D. No. 33-04645, located in Harrison County, Ohio; Darmac Mine, MSHA I.D. No. 36-08135, Dutch Run Mine, MSHA I.D. No. 36-08701, Parkwood Mine, MSHA I.D. No. 36-08785, Logansport Mine, MSHA I.D. No. 36-08841 and Long Run Mine, MSHA I.D. No. 36-09468, located in Armstrong County, Pennsylvania; Kocjancic Mine, MSHA I.D. No. 36-09436, located in Jefferson County, Pennsylvania;
( printed page 321)
Regulation Affected:30 CFR 75.500(d) (Permissible electric equipment).
Petitioner:
Signal Peak Energy, LLC, Three Gateway Center, Suite 1500, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine:
Bull Mountains Mine No. 1, MSHA I.D. No. 24-01950, located in Musselshell County, Montana.
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:
Castle Valley Mine No. 3, MSHA I.D. No. 42-02263 and Castle Valley Mine No. 4, MSHA I.D. No. 42-02335, 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).
Petitioner:
Cumberland Contura, LLC, Three Gateway Center, Suite 1500, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine:
Cumberland Mine, MSHA I.D. No. 36-05018, located in Greene County, Pennsylvania.
Regulation Affected:30 CFR 75.507-1(a) (Electric equipment other than power-connection points; out by the last open crosscut; return air; permissibility requirements).
Petitioner:
Rockwell Mining, LLC, Three Gateway Center, Suite 1500, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine:
Eagle 3 Mine, MSHA I.D. No. 46-09427, located in Wyoming 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:
Rockwell Mining, LLC, Three Gateway Center, Suite 1500, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine:
Flying Eagle Mine, MSHA I.D. No. 46-09471, located in Wyoming 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).
Mine:
Poplar Grove Mine, MSHA I.D. No. 15-19806, located in McLean 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).
Petitioner:
Blue Diamond Coal Company, One Oxford Centre, 301 Grant Street, Suite 4300, Pittsburgh, Pennsylvania 15219.
Mine:
No. 77 Mine, MSHA I.D. No. 15-09636, located in Perry 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).
Petitioner:
Blue Diamond Coal Company, One Oxford Centre, 301 Grant Street, Suite 4300, Pittsburgh, Pennsylvania 15219.
Mine:
Calvary No. 81 Mine, MSHA I.D. No. 15-12753, located in Leslie 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).
Petitioner:
Blue Diamond Coal Company, One Oxford Centre, 301 Grant Street, Suite 4300, Pittsburgh, Pennsylvania 15219.
Mine:
Orchard Branch Mine No. 89, MSHA I.D. No. 15-19405, located in Perry 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).
Petitioner:
Hampden Coal, LLC, One Oxford Centre, 301 Grant Street, Suite 4300, Pittsburgh, Pennsylvania 15219.
Mine:
Buffalo Mine, MSHA I.D. No. 46-09528, located in Logan 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:
Hampden Coal, LLC, One Oxford Centre, 301 Grant Street, Suite 4300, Pittsburgh, Pennsylvania 15219.
Mine:
Washington Mine, MSHA I.D. No. 46-09294, located in Logan 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:
Hampden Coal, LLC, One Oxford Centre, 301 Grant Street, Suite 4300, Pittsburgh, Pennsylvania 15219.
Mine:
Muddy Bridge Mine, MSHA I.D. No. 46-09514, located in Logan 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:
Jet Coal Co., Inc., One Oxford Centre, 301 Grant Street, Suite 4300, Pittsburgh, Pennsylvania 15219.
Mine:
No. 8 Mine, MSHA I.D. No. 46-09018, located in Mingo 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:
Peabody Gateway North Mining LLC, Six PPG Place, Suite 830, Pittsburgh, PA 15222.
Mine:
Gateway North Mine, MSHA I.D. No. 11-03235, located in Randolph 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:
Peabody Gateway North Mining, LLC, 7100 Eagle Crest Boulevard, Suite 100, Evansville, IN 47715-8152.
Mine:
Gateway North Mine, MSHA I.D. No. 11-03235, located in Randolph County, IL.
Regulation Affected:30 CFR 75.507-1(a) (Electric equipment other than power-connection points; outby the last open crosscut; return air; permissibility requirements).
Mines:
Eagle Seam Deep Mine, MSHA I.D. No. 46-09495, Stonecoal Branch Mine No. 2, MSHA I.D. No. 46-08663, No. 2 Gas, MSHA I.D. No. 46-09541, located in Logan 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:
Nelson Brothers, LLC, P.O. Box 8276, South Charleston, WV 25303.
Mines:
Workman Creek Surface Mine, MSHA I.D. No. 46-09475, located in Raleigh County, West Virginia; No. 1 Surface Mine, MSHA I.D. No. 46-06870, located in Nicholas County, West Virginia; Twilight Mtr. Surface Mine, MSHA I.D. No. 46-08645, located in Boone County, West Virginia.
Regulation Affected:30 CFR 77.1302(k) (Vehicles used to transport explosives).
Petitioner:
Jarisa, Inc., 935 State Hwy. 317, Neon, KY 41840.
Mine:
E4-1 Mine, MSHA I.D. No. 15-18565, located in Perry 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).
Use this for formal legal and research references to the published document.
86 FR 319
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 (January 5, 2021), https://thefederalregister.org/documents/2020-29191/affirmative-decisions-on-petitions-for-modification-granted-in-whole-or-in-part.