Summary of Decisions Granting in Whole or in Part Petitions for Modification, 50419-50420 [05-17003]

Agencies

• DEPARTMENT OF LABOR
• Mine Safety and Health Administration

[Federal Register Volume 70, Number 165 (Friday, August 26, 2005)]
[Notices]
[Pages 50419-50420]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-17003]


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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 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 alternate 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.

    Dated at Arlington, Virginia this 22nd day of August 2005.
Rebecca J. Smith,
Acting Director, Office of Standards, Regulations, and Variances.

Affirmative Decisions on Petitions for Modification

    Docket No.: M-2004-049-C.
    FR Notice: 69 FR 71434.
    Petitioner: Consolidation Coal Company.
    Regulation Affected: 30 CFR 75.507.
    Summary of Findings: Petitioner's proposal is to use non-
permissible submersible pumps in bleeder and return entries and sealed 
areas of the Loveridge No. 22 Mine under specific terms and conditions. 
This is considered an acceptable alternative method for the Loveridge 
No. 22 Mine. MSHA grants the petition for modification for the use of 
low- and medium-voltage, three-phase, alternating-current submersible 
pump(s) installed in return and bleeder entries and sealed areas in the 
Loveridge No. 22 Mine with conditions.

    Docket No.: M-2005-003-C.
    FR Notice: 70 FR 7760.
    Petitioner: Mississippi Lignite Mining Company.
    Regulation Affected: 30 CFR 77.803.
    Summary of Findings: Petitioner's proposal is to use an alternative 
method of compliance when raising or lowering the boom mast at 
construction sites during initial dragline assembly, and in instances 
of disassembly or major repairs. The petitioner lists specific 
guidelines that will be used to minimize the potential for electrical 
power loss during the boom procedure. This is considered an acceptable 
alternative method for the Red Hills Mine. MSHA grants the petition for 
modification for dragline boom or mast raising, lowering, assembling, 
disassembling, or during major repairs that require raising or lowering 
the dragline boom or mast by the on-board generators at the Red Hills 
Mine with conditions.

    Docket No.: M-2005-024-C.
    FR Notice: 70 FR 19506.
    Petitioner: Ohio County Coal.
    Regulation Affected: 30 CFR 75.1101-1(b).
    Summary of Findings: Petitioner's proposal is to have a person 
trained in testing procedures specific to the deluge-type water spray 
fire suppression system to conduct a visual examination of the deluge-
type water spray fire suppression systems; to conduct a functional test 
by actuating the system and observing its performance; and to

[[Page 50420]]

record the results of the examination and functional test in a book 
that will be maintained on the surface and made available to the 
authorized representative of the Secretary. This is considered an 
acceptable alternative method for the Big Run Mine. MSHA grants the 
petition for modification for the deluge-type water spray systems 
installed at belt-conveyor drives in lieu of blow-off dust covers for 
nozzles at the Big Run Mine with conditions.

    Docket No.: M-2005-026-C.
    FR Notice: 70 FR 22376.
    Petitioner: Spartan Mining Company.
    Regulation Affected: 30 CFR 75.1002.
    Summary of Findings: Petitioner's proposal is to use a 2,400-volt 
power center to power a continuous miner with high-voltage trailing 
cables inby the last open crosscut and within 150 feet of pillar 
workings. This is considered an acceptable alternative method for the 
Scotch Pine Mine and Midway Mine. MSHA grants the petition for 
modification for the use of the 2,400-volt high-voltage continuous 
miner(s) at the Scotch Pine Mine and Midway Mine with conditions.

    Docket No.: M-2005-027-C.
    FR Notice: 70 FR 22376.
    Petitioner: Aracoma Coal Company.
    Regulation Affected: 30 CFR 75.1909(b)(6).
    Summary of Findings: Petitioner's proposal is to use one six-wheel 
Getman Roadbuilder grader, Model RDG-1504A, serial number 6782 without 
front brakes, as it was originally designed. The grader is equipped 
with dual brake systems on the four (4) rear wheels and designed to 
prevent loss of braking due to a single component failure. The 
petitioner will provide training to grader operators on how to lower 
the moldboard for additional stopping capability in emergencies; to 
recognize the appropriate speeds to use on different roadway 
conditions; and to limit the maximum speed of the grader to 10 miles 
per hour. This is considered an acceptable alternative method for the 
Aracoma Alma 1 Mine. MSHA grants the petition for modification 
for the Aracoma Alma 1 Mine with conditions.

    Docket No.: M-2005-033-C.
    FR Notice: 70 FR 28321.
    Petitioner: Coulterville Coal Company, LLC.
    Regulation Affected: 30 CFR 75.1909(b)(6).
    Summary of Findings: Petitioner's proposal is to use one six-wheel 
Getman Roadbuilder grader, Model RDG-1504S, serial number 6739 without 
front brakes, as it was originally designed. The grader is equipped 
with dual brake systems on the four (4) rear wheels and designed to 
prevent loss of braking due to a single component failure. The 
petitioner will provide training to grader operators on how to limit 
the maximum speed of the Roadbuilder to 10 miles per hour by 
permanently blocking out any gear that would provide higher speed, or 
use transmission and differential ratios that would limit the maximum 
speed to 10 miles per hour; to recognize the appropriate speeds to use 
on different roadway conditions and slopes; and to lower the grader 
blade for additional stopping capability in emergencies. This is 
considered an acceptable alternative method for the Gateway Mine. MSHA 
grants the petition for modification for the Gateway Mine with 
conditions.

    Docket No.: M-2004-009-M.
    FR Notice: 69 FR 69415.
    Petitioner: Unimin Corporation.
    Regulation Affected: 30 CFR 56.13020.
    Summary of Findings: Petitioner's proposal is to implement a 
clothes cleaning booth process that has been jointly developed with and 
successfully tested by the National Institute for Occupational Safety 
and Health (NIOSH), for the use of controlled compressed air for 
cleaning miners' dust laden clothing. This is considered an acceptable 
alternative method for the Marston Plant Mine. MSHA grants the petition 
for modification for only miners who are trained in the operation of 
the NIOSH tested clothes cleaning booth for cleaning their dust-laden 
clothes at the Marston Plant Mine with conditions.
[FR Doc. 05-17003 Filed 8-25-05; 8:45 am]
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