Affirmative Decisions on Petitions for Modification Granted in Whole or in Part, 58300-58301 [2011-24096]

Download as PDF 58300 Federal Register / Vol. 76, No. 182 / Tuesday, September 20, 2011 / Notices sections 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s rules do not authorize filing of submissions with the Secretary by facsimile or electronic means, except to the extent permitted by section 201.8 of the Commission’s rules, as amended, 67 FR 68036 (November 8, 2002). Even where electronic filing of a document is permitted, certain documents must also be filed in paper form, as specified in II (C) of the Commission’s Handbook on Electronic Filing Procedures, 67 FR 68168, 68173 (November 8, 2002). Additional written submissions to the Commission, including requests pursuant to section 201.12 of the Commission’s rules, shall not be accepted unless good cause is shown for accepting such submissions, or unless the submission is pursuant to a specific request by a Commissioner or Commission staff. In accordance with sections 201.16(c) and 207.3 of the Commission’s rules, each document filed by a party to the review must be served on all other parties to the review (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Authority: This review is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.62 of the Commission’s rules. By order of the Commission. Issued: September 14, 2011. James R. Holbein, Secretary to the Commission. [FR Doc. 2011–24042 Filed 9–19–11; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Emcdonald on DSK5VPTVN1PROD with NOTICES Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act Notice is hereby given that on September 14, 2011, a proposed Consent Decree in United States v. Illinois Central Railroad Company, Civil Action No. 2:11–cv–02790, was lodged with the United States District Court for the Western District of Tennessee. In this action the United States, on behalf of the U.S. Environmental Protection Agency (‘‘EPA’’), sought from the Illinois Central Railroad Company, (a) performance of the remedial design and the remedial action to address releases and threatened releases of hazardous substances at the Illinois Central Railroad Company (Johnston Yard) Superfund Alternative Site, VerDate Mar<15>2010 17:45 Sep 19, 2011 Jkt 223001 located in Memphis, Shelby County, Tennessee (‘‘the Site’’), and (b) reimbursement of costs incurred and to be incurred by the United States for response activities undertaken and to be undertaken at the Site. The parties have reached a proposed settlement that requires Illinois Central Railroad Company to (a) perform the remedial design and the remedial action for the Site as provided in EPA’s Record of Decision for the Site, and (b) to reimburse costs incurred and to be incurred by the United States in connection with the Site. The major components of the remedy include extraction of diesel phase separated hydrocarbon from the groundwater, followed by enhanced bioremediation as necessary, monitoring, and institutional controls to limit Site uses until cleanup goals are reached. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either e-mailed to pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, and should refer to United States v. Illinois Central Railroad Company, D.J. Ref. 90–11–3–10095. During the public comment period, the Consent Decree may be examined on the following Department of Justice Web site, https://www.usdoj.gov/enrd/ Consent_Decrees.html. A copy of the Consent Decree may also be obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611 or by faxing or e-mailing a request to Tonia Fleetwood (tonia.fleetwood@usdoj.gov), fax no. (202) 514–0097, phone confirmation number (202) 514–1547. In requesting a copy from the Consent Decree Library, please enclose a check in the amount of $123.00 (for a copy inclusive of appendices) or $23.00 (for a copy exclusive of appendices) (25 cents per page reproduction cost) payable to the U.S. Treasury or, if by e-mail or fax, forward a check in that amount to the Consent Decree Library at the stated address. Henry S. Friedman, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2011–24117 Filed 9–19–11; 8:45 am] BILLING CODE 4410–15–P PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 DEPARTMENT OF LABOR Mine Safety and Health Administration Affirmative Decisions on Petitions for Modification Granted in Whole or in Part Mine Safety and Health Administration (MSHA), Labor. ACTION: Notice. AGENCY: Section 101(c) of the Federal Mine Safety and Health Act of 1977 and 30 CFR part 44 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 Web Site at https://www.msha.gov/indexes/ petition.htm. The public may inspect the petitions and final decisions during normal business hours in MSHA’s Office of Standards, Regulations and Variances, 1100 Wilson Boulevard, Room 2349, Arlington, Virginia 22209. All visitors must first stop at the receptionist desk on the 21st Floor to sign-in. FOR FURTHER INFORMATION CONTACT: Roslyn B. Fontaine, Acting Director, Office of Standards, Regulations and Variances at 202–693–9475 (Voice), fontaine.roslyn@dol.gov (E-mail), or 202–693–9441 (Telefax), or Barbara Barron at 202–693–9447 (Voice), barron.barbara@dol.gov (E-mail), or 202–693–9441 (Telefax). [These are not toll-free numbers]. SUPPLEMENTARY INFORMATION: SUMMARY: 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) that 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. E:\FR\FM\20SEN1.SGM 20SEN1 Emcdonald on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 182 / Tuesday, September 20, 2011 / Notices 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–2008–053–C. FR Notice: 73 FR 80435 (December 31, 2008). Petitioner: South Central Coal Co., Inc. (formerly Heidtman Mining, LLC), 22279 US Hwy 271, Spiro, Oklahoma 74959. Mine: Sebastian Mine, MSHA I.D. No. 03–01736, located in Sebastian County, Arkansas. Regulation Affected: 30 CFR 75.1700 (Oil and gas wells). • Docket Number: M–2009–005–C. FR Notice: 74 FR 23747 (May 20, 2009). Petitioner: Pennacle Mining Company, LLC, P.O. Box 338, Pineville, West Virginia 24874. Mine: Pinnacle Mine, MSHA I.D. No. 46–01816, located in Wyoming County, West Virginia. Regulation Affected: 30 CFR 75.1700 (Oil and gas wells). • Docket Number: M–2009–006–C. FR Notice: 74 FR 23748 (May 20, 2009). Petitioner: Spartan Mining Company, 300 Kanawha Boulevard, East, P.O. Box 271, Charleston, West Virginia 25321– 0273. Mine: Road Fork #51 Mine, MSHA I.D. No. 46–01544, located in Wyoming County, West Virginia. Regulation Affected: 30 CFR 75.1700 (Oil and gas wells). • Docket Number: M–2009–039–C. FR Notice: 74 FR 63414 (December 3, 2009). Petitioner: Consol Pennsylvania Coal Company, 1000 Consol Energy Drive, Canonsburg, Pennsylvania 15317. Mine: Enlow Fork Mine, MSHA I.D. No. 36–07416, located in Washington County, Pennsylvania. Regulation Affected: 30 CFR 75.1700 (Oil and gas wells). • Docket Number: M–2009–040–C. FR Notice: 74 FR 63414 (December 3, 2009). Petitioner: Consol Pennsylvania Coal Company, Consol Energy Drive, Canonsburg, Pennsylvania 15317. Mine: Bailey Mine, MSHA I.D. No. 36–07230, located in Green County, Pennsylvania. Regulation Affected: 30 CFR 75.1700 (Oil and gas wells). • Docket Number: M–2009–057–C. FR Notice: 75 FR 3259 (January 20, 2010). Petitioner: Prairie State Generating Company, LLC, 4274 County Highway 12, Marissa, Illinois 62257. VerDate Mar<15>2010 17:45 Sep 19, 2011 Jkt 223001 Mine: Lively Grove Mine, MSHA I.D. No. 11–03193, located in Washington County, Illinois. Regulation Affected: 30 CFR 75.1700 (Oil and gas wells). • Docket Number: M–2010–034–C. FR Notice: 75 FR 57298 (September 20, 2010). Petitioner: Four O Mining Corporation, P.O. Box 148, Vansant, Virginia 24656. Mine: No. 10 Mine, MSHA I.D. No. 44–07217, located in Dickenson County, Virginia. Regulation Affected: 30 CFR 75.1101– 2 (Installation of deluge-type sprays) • Docket Number: M–2010–035–C. FR Notice: 75 FR 75499 (December 3, 2010). Petitioner: San Juan Coal Company, P.O. Box 561, Waterflow, New Mexico 87421–0561. Mine: San Juan Mine 1, MSHA I.D. No. 29–02170, located in San Juan County, New Mexico. Regulation Affected: 30 CFR 75.500(d) (Permissible electric equipment). • Docket Number: M–2010–038–C. FR Notice: 75 FR 81313 (December 27, 2010). Petitioner: Consol Pennsylvania Coal Company, 1000 Consol Energy Drive, Canonsburg, Pennsylvania 15317. Mine: Enlow Fork Mine, MSHA I.D. No. 36–07416, located in Washington 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–2010–039–C. FR Notice: 75 FR 81314 (December 27, 2010). Petitioner: Consol Pennsylvania Coal Company, 1000 Consol Energy Drive, Canonsburg, Pennsylvania 15317. Mine: Bailey Mine, MSHA I.D. No. 36–07230, located in Green 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–2010–040–C. FR Notice: 76 FR 16641 (March 24, 2011). Petitioner: Kingston Mining, Inc., Route 1, Box 76–C, Scarbro, West Virginia 25917. Mine: Kingston No. 1 Mine, MSHA I.D. No. 46–08625, located in Fayette County, West Virginia. Regulation Affected: 30 CFR 75.1101– 1(b) (Deluge-type water spray systems). • Docket Number: M–2010–045–C. FR Notice: 76 FR 2723 (January 14, 2011). PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 58301 Petitioner: Rhino Eastern, LLC, P.O. Box 260, Bolt, West Virginia 25817. Mine: Eagle No. 1 Mine, MSHA I.D. No. 46–08758, located in Raleigh County, West Virginia. Regulation Affected: 30 CFR 1101– 1(b) (Deluge-type water spray systems). • Docket Number: M–2010–046–C. FR Notice: 76 FR 2723 (January 14, 2011). Petitioner: Cobra Natural Resources, LLC, P.O. Box 40, Wharncliffe, West Virginia 25651. Mine: Mountaineer Alma A Mine, MSHA I.D. No. 46–08730, located in Mingo County, West Virginia. Regulation Affected: 30 CFR 75.1101– 1(b) (Deluge-type water spray systems). • Docket Number: M–2010–048–C. FR Notice: 76 FR 2724 (January 14, 2011). Petitioner: Canyon Fuel Company, LLC, 597 South S.R. 24, Salina, Utah 84654. Mine: Sufco Mine, MSHA I.D. No. 42– 00089, located in Sevier County, Utah. Regulation Affected: 30 CFR 75.1002(a) (Installation of electric equipment and conductors; permissibility). • Docket Number: M–2011–001–M. FR Notice: 76 FR 16643 (March 24, 2011). Petitioner: Carmeuse Industrial Sands, 1000 Oglebay Norton Drive, P.O. Box 429, Brady, Texas 76825. Mine: Brady Plant, MSHA I.D. No. 41– 01371, located in McCulloch County, Texas. Regulation Affected: 30 CFR 56.13020 (Use of compressed air). Dated: September 15, 2011. Patricia W. Silvey, Certifying Officer. [FR Doc. 2011–24096 Filed 9–19–11; 8:45 am] BILLING CODE 4510–43–P DEPARTMENT OF LABOR Mine Safety and Health Administration Proposed Extension of Existing Information Collection; Automatic Fire Sensor and Warning Device Systems; Examination and Test Requirements Notice of request for public comments. ACTION: The Mine Safety and Health Administration (MSHA) is soliciting comments concerning the proposed extension of an existing information collection, OMB Control Number 1219– 0145. This information collection was originally titled Safety Standards Regarding Technical Study Panel SUMMARY: E:\FR\FM\20SEN1.SGM 20SEN1

Agencies

[Federal Register Volume 76, Number 182 (Tuesday, September 20, 2011)]
[Notices]
[Pages 58300-58301]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24096]


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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.

-----------------------------------------------------------------------

SUMMARY: Section 101(c) of the Federal Mine Safety and Health Act of 
1977 and 30 CFR part 44 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 Web Site 
at https://www.msha.gov/indexes/petition.htm. The public may inspect the 
petitions and final decisions during normal business hours in MSHA's 
Office of Standards, Regulations and Variances, 1100 Wilson Boulevard, 
Room 2349, Arlington, Virginia 22209. All visitors must first stop at 
the receptionist desk on the 21st Floor to sign-in.

FOR FURTHER INFORMATION CONTACT: Roslyn B. Fontaine, Acting Director, 
Office of Standards, Regulations and Variances at 202-693-9475 (Voice), 
fontaine.roslyn@dol.gov (E-mail), or 202-693-9441 (Telefax), or Barbara 
Barron at 202-693-9447 (Voice), barron.barbara@dol.gov (E-mail), 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 less protection for the miners 
affected than that provided by the standard; or (2) that 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.

[[Page 58301]]

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-2008-053-C.
    FR Notice: 73 FR 80435 (December 31, 2008).
    Petitioner: South Central Coal Co., Inc. (formerly Heidtman Mining, 
LLC), 22279 US Hwy 271, Spiro, Oklahoma 74959.
    Mine: Sebastian Mine, MSHA I.D. No. 03-01736, located in Sebastian 
County, Arkansas.
    Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).

     Docket Number: M-2009-005-C.
    FR Notice: 74 FR 23747 (May 20, 2009).
    Petitioner: Pennacle Mining Company, LLC, P.O. Box 338, Pineville, 
West Virginia 24874.
    Mine: Pinnacle Mine, MSHA I.D. No. 46-01816, located in Wyoming 
County, West Virginia.
    Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).

     Docket Number: M-2009-006-C.
    FR Notice: 74 FR 23748 (May 20, 2009).
    Petitioner: Spartan Mining Company, 300 Kanawha Boulevard, East, 
P.O. Box 271, Charleston, West Virginia 25321-0273.
    Mine: Road Fork 51 Mine, MSHA I.D. No. 46-01544, located 
in Wyoming County, West Virginia.
    Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).

     Docket Number: M-2009-039-C.
    FR Notice: 74 FR 63414 (December 3, 2009).
    Petitioner: Consol Pennsylvania Coal Company, 1000 Consol Energy 
Drive, Canonsburg, Pennsylvania 15317.
    Mine: Enlow Fork Mine, MSHA I.D. No. 36-07416, located in 
Washington County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).

     Docket Number: M-2009-040-C.
    FR Notice: 74 FR 63414 (December 3, 2009).
    Petitioner: Consol Pennsylvania Coal Company, Consol Energy Drive, 
Canonsburg, Pennsylvania 15317.
    Mine: Bailey Mine, MSHA I.D. No. 36-07230, located in Green County, 
Pennsylvania.
    Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).

     Docket Number: M-2009-057-C.
    FR Notice: 75 FR 3259 (January 20, 2010).
    Petitioner: Prairie State Generating Company, LLC, 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 75.1700 (Oil and gas wells).

     Docket Number: M-2010-034-C.
    FR Notice: 75 FR 57298 (September 20, 2010).
    Petitioner: Four O Mining Corporation, P.O. Box 148, Vansant, 
Virginia 24656.
    Mine: No. 10 Mine, MSHA I.D. No. 44-07217, located in Dickenson 
County, Virginia.
    Regulation Affected: 30 CFR 75.1101-2 (Installation of deluge-type 
sprays)

     Docket Number: M-2010-035-C.
    FR Notice: 75 FR 75499 (December 3, 2010).
    Petitioner: San Juan Coal Company, P.O. Box 561, Waterflow, New 
Mexico 87421-0561.
    Mine: San Juan Mine 1, MSHA I.D. No. 29-02170, located in San Juan 
County, New Mexico.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).

     Docket Number: M-2010-038-C.
    FR Notice: 75 FR 81313 (December 27, 2010).
    Petitioner: Consol Pennsylvania Coal Company, 1000 Consol Energy 
Drive, Canonsburg, Pennsylvania 15317.
    Mine: Enlow Fork Mine, MSHA I.D. No. 36-07416, located in 
Washington 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-2010-039-C.
    FR Notice: 75 FR 81314 (December 27, 2010).
    Petitioner: Consol Pennsylvania Coal Company, 1000 Consol Energy 
Drive, Canonsburg, Pennsylvania 15317.
    Mine: Bailey Mine, MSHA I.D. No. 36-07230, located in Green 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-2010-040-C.
    FR Notice: 76 FR 16641 (March 24, 2011).
    Petitioner: Kingston Mining, Inc., Route 1, Box 76-C, Scarbro, West 
Virginia 25917.
    Mine: Kingston No. 1 Mine, MSHA I.D. No. 46-08625, located in 
Fayette County, West Virginia.
    Regulation Affected: 30 CFR 75.1101-1(b) (Deluge-type water spray 
systems).

     Docket Number: M-2010-045-C.
    FR Notice: 76 FR 2723 (January 14, 2011).
    Petitioner: Rhino Eastern, LLC, P.O. Box 260, Bolt, West Virginia 
25817.
    Mine: Eagle No. 1 Mine, MSHA I.D. No. 46-08758, located in Raleigh 
County, West Virginia.
    Regulation Affected: 30 CFR 1101-1(b) (Deluge-type water spray 
systems).

     Docket Number: M-2010-046-C.
    FR Notice: 76 FR 2723 (January 14, 2011).
    Petitioner: Cobra Natural Resources, LLC, P.O. Box 40, Wharncliffe, 
West Virginia 25651.
    Mine: Mountaineer Alma A Mine, MSHA I.D. No. 46-08730, located in 
Mingo County, West Virginia.
    Regulation Affected: 30 CFR 75.1101-1(b) (Deluge-type water spray 
systems).

     Docket Number: M-2010-048-C.
    FR Notice: 76 FR 2724 (January 14, 2011).
    Petitioner: Canyon Fuel Company, LLC, 597 South S.R. 24, Salina, 
Utah 84654.
    Mine: Sufco Mine, MSHA I.D. No. 42-00089, located in Sevier County, 
Utah.
    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors; permissibility).

     Docket Number: M-2011-001-M.
    FR Notice: 76 FR 16643 (March 24, 2011).
    Petitioner: Carmeuse Industrial Sands, 1000 Oglebay Norton Drive, 
P.O. Box 429, Brady, Texas 76825.
    Mine: Brady Plant, MSHA I.D. No. 41-01371, located in McCulloch 
County, Texas.
    Regulation Affected: 30 CFR 56.13020 (Use of compressed air).

    Dated: September 15, 2011.
Patricia W. Silvey,
Certifying Officer.
[FR Doc. 2011-24096 Filed 9-19-11; 8:45 am]
BILLING CODE 4510-43-P
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