Summary of Decisions Granting in Whole or in Part Petitions for Modification, 24122-24123 [05-9058]

Agencies

• DEPARTMENT OF LABOR
• Mine Safety and Health Administration

[Federal Register Volume 70, Number 87 (Friday, May 6, 2005)]
[Notices]
[Pages 24122-24123]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-9058]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Summary of Decisions Granting in Whole or in Part Petitions for 
Modification

AGENCY: Mine Safety and Health Administration (MSHA), Labor.

ACTION: Notice of affirmative decisions issued by the Administrators 
for Coal Mine Safety and Health and Metal and Nonmetal Mine Safety and 
Health on petitions for modification of the application of mandatory 
safety standards.

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SUMMARY: Under section 101(c) of the Federal Mine Safety and Health Act 
of 1977, the Secretary of Labor (Secretary) may allow the modification 
of the application of a mandatory safety standard to a mine if the 
Secretary determines either that an alternative method exists at a 
specific mine that will guarantee no less protection for the miners 
affected than that provided by the standard, or that the application of 
the standard at a specific mine will result in a diminution of safety 
to the affected miners.
    Final decisions on these petitions are based on the petitioner's 
statements, comments and information submitted by interested persons, 
and a field investigation of the conditions at the mine. MSHA, as 
designee of the Secretary, has granted or partially granted the 
requests for modification listed below. In some instances, the 
decisions are conditioned upon compliance with stipulations stated in 
the decision. The term FR Notice appears in the list of affirmative 
decisions below. The term refers to the Federal Register volume and 
page where MSHA published a notice of the filing of the petition for 
modification.

FOR FURTHER INFORMATION CONTACT: Petitions and copies of the final 
decisions are available for examination by the public in the Office of 
Standards, Regulations, and Variances, MSHA, 1100 Wilson Boulevard, 
Room 2350, Arlington, Virginia 22209. For further information contact 
Barbara Barron at (202) 693-9447.


[[Page 24123]]


    Dated at Arlington, Virginia this 29th day of April 2005.
Rebecca J. Smith,
Acting Director, Office of Standards, Regulations, and Variances.

Affirmative Decisions on Petitions for Modification

    Docket No.: M-2004-028-C.
    FR Notice: 69 FR 43628.
    Petitioner: Snyder Coal Company.
    Regulation Affected: 30 CFR 75.1100-2(a)(2).
    Summary of Findings: Petitioner's proposal is to use portable fire 
extinguishers to replace existing requirements where rock dust, water 
cars, and other water storage equipped with three (3) ten quart pails 
are not practical. The petitioner will use two (2) portable fire 
extinguishers near the slope bottom and an additional portable fire 
extinguisher within 500 feet of the working face for equivalent fire 
protection for the No. 1 Rock Slope Mine. This is considered an 
acceptable alternative method for the No. 1 Rock Slope Mine. MSHA 
grants the petition for modification for the No. 1 Rock Slope Mine with 
conditions.

    Docket No.: M-2004-029-C.
    FR Notice: 69 FR 43628.
    Petitioner: Snyder Coal Company.
    Regulation Affected: 30 CFR 75.1200(d),(h), and (i).
    Summary of Findings: Petitioner's proposal is to use cross-sections 
instead of contour lines through the intake slope, at locations of rock 
tunnel connections between veins, and at 1,000 foot intervals of 
advance from the intake slope; and to limit the required mapping of the 
mine workings above and below to those present within 100 feet of the 
vein being mined except when veins are interconnected to other veins 
beyond the 100-foot limit through rock tunnels. This is considered an 
acceptable alternative method for the No. 1 Rock Slope Mine. MSHA 
grants the petition for modification for the No. 1 Rock Slope Mine with 
conditions.

    Docket No.: M-2004-030-C.
    FR Notice: 69 FR 43628.
    Petitioner: Snyder Coal Company.
    Regulation Affected: 30 CFR 75.1202-1(a).
    Summary of Findings: Petitioner's proposal is to revise and 
supplement mine maps annually instead of every 6 months as required. 
Petitioner will continue to update maps daily by hand notations; and to 
conduct surveys prior to commencing retreat mining and whenever either 
a drilling program under 30 CFR 75.388 or plan for mining into 
inaccessible areas under 30 CFR 75.389 is required. This is considered 
an acceptable alternative method for the No. 1 Rock Slope Mine. MSHA 
grants the petition for modification for the No. 1 Rock Slope Mine with 
conditions.

    Docket No.: M-2004-042-C.
    FR Notice: 69 FR 61527.
    Petitioner: Clintwood Elkhorn Mining Company.
    Regulation Affected: 30 CFR 77.214(a).
    Summary of Findings: Petitioner's proposal is to backfill a total 
of eight mine entries in the Blair 1 and Blair 2 
mines with coarse coal refuse and scalp rock material generated from an 
adjacent underground mine. This is considered an acceptable alternative 
method for the Blair 1 Mine and Blair 2 Mine. MSHA 
grants the petition for modification for the Blair 1 Mine and 
Blair 2 Mine with conditions.

    Docket No.: M-2004-047-C.
    FR Notice: 69 FR 69414.
    Petitioner: Arclar Company, LLC.
    Regulation Affected: 30 CFR 75.1909(b)(6).
    Summary of Findings: Petitioner's proposal is to operate its six-
wheeled Getman RDG-1504S Diesel Road Grader, Serial No. 6760, powered 
by a Cat 3306PCNA 150 horsepower diesel engine used at the Willow Lake 
Portal Mine without front wheel brakes. The petitioner proposes to 
limit the speed of the diesel grader to 10 miles per hour and to train 
the grader operators in the proper techniques for lowering the blade to 
provide additional stopping capability in emergency situations. This is 
considered an acceptable alternative method for the Willow Lake Portal 
Mine. MSHA grants the petition for modification for the Willow Lake 
Portal Mine with conditions.

[FR Doc. 05-9058 Filed 5-5-05; 8:45 am]
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