[Federal Register Volume 65, Number 62 (Thursday, March 30, 2000)]
[Notices]
[Pages 16964-16965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-7907]


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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 upon 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: Petitions and copies of the final decisions 
are available for examination by the public in the Office of Standards, 
Regulations, and Variances, MSHA, Room 627, 4015 Wilson Boulevard, 
Arlington, Virginia 22203. Contact Barbara Barron at 703-235-1910.


[[Page 16965]]


    Dated: March 16, 2000.
Carol J. Jones,
Director, Office of Standards, Regulations and Variances.

Affirmative Decisions on Petitions for Modification

    Docket No.: M-1999-011-C.
    FR Notice: 64 FR 16760.
    Petitioner: D & D Coal Company.
    Regulation Affected: 30 CFR 75.1202 and 75.1202-1(a).
    Summary of Findings: Petitioner's proposal is to revise and 
supplement mine maps annually instead of every 6 months, and to update 
maps daily by hand notations. This is considered an acceptable 
alternative method for the 7' Drift Mine. MSHA grants the petition for 
modification for the 7' Drift Mine with conditions.

    Docket No.: M-1999-033-C.
    FR Notice: 64 FR 32552.
    Petitioner: Snyder Coal Company.
    Regulation Affected: 30 CFR 75.1202 and 75.1202-1(a).
    Summary of Findings: Petitioner's proposal is to conduct mine 
surveys and revise and supplement mine maps annually instead of every 6 
months, to update maps daily by hand notations, and to conduct surveys 
prior to commencing retreat mining and whenever 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 Rattling Run Slope Mine. MSHA grants the petition for 
modification for the Rattling Run Slope Mine with conditions.

    Docket No.: M-1999-047-C.
    FR Notice: 64 FR 32554.
    Petitioner: Little Buck Coal Company.
    Regulation Affected: 30 CFR 75.1200(d), (h), and (i)
    Summary of Findings: Petitioner's proposal is to use on its mine 
map cross-sections instead of contour lines through the intake slope, 
at locations of rock tunnel connections between veins, 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 veins 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 #3 Slope Mtn. Mine. 
MSHA grants the petition for modification for the 3 Slope Mtn. 
Mine with conditions.

    Docket No.: M-1999-048-C.
    FR Notice: 64 FR 32554.
    Petitioner: Little Buck Coal Company.
    Regulation Affected: 30 CFR 75.1202 and 75.1202-1(a).
    Summary of Findings: Petitioner's proposal is to conduct mine 
surveys and revise and supplement mine maps annually instead of every 6 
months, to update maps daily by hand notations, and to conduct surveys 
prior to commencing retreat mining and whenever 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 #3 Slope Buck Mtn. Mine. MSHA grants the petition for 
modification for the #3 Slope Buck Mtn. Mine with conditions.

    Docket No.: M-1999-056-C.
    FR Notice: 64 FR 41140.
    Petitioner: Monterey Coal Company.
    Regulation Affected: 30 CFR 75.1909(b)(6).
    Summary of Findings: Petitioner's proposal is to lower the blade on 
its road grader to stop and control the grader instead of adding front 
wheel brakes on the grader. This is considered an acceptable 
alternative method for the No. 1 Mine. MSHA grants the petition for 
modification for the No. 1 Mine with conditions.

    Docket No.: M-1999-059-C.
    Petitioner: Independence Coal Company, Inc..
    Regulation Affected: 30 CFR 75.1002-1(a).
    Summary of Findings: Petitioner's proposal is to use 4,160 volt 
cables to supply power to the permissible longwall face equipment. This 
is considered an acceptable alternative method for the Cedar Grove Mine 
No. 1. MSHA grants the petition for modification for the Cedar Grove 
Mine No. 1 with conditions.

    Docket No.: M-1999-062-C.
    FR Notice: 64 FR 49246.
    Petitioner: PennAmerican Coal L.P.
    Regulation Affected: 30 CFR 75.1100-2(e)(2).
    Summary of Findings: Petitioner's proposal is to use two fire 
extinguishers or one fire extinguisher of twice the required capacity 
at all temporary electrical installations instead of using one portable 
fire extinguisher and 240 pounds of rock dust. This is considered an 
acceptable alternative method for the Burrell Mine. MSHA grants the 
petition for modification for the Burrell Mine.

    Docket No.: M-1999-065-C.
    FR Notice: 64 FR 49246.
    Petitioner: Canterbury Coal Company.
    Regulation Affected: 30 CFR 75.1100-2(e)(2).
    Summary of Findings: Petitioner's proposal is to use two fire 
extinguishers or one fire extinguisher of twice the required capacity 
at all temporary electrical installations instead of using one fire 
extinguisher and 240 pounds of rock dust. This is considered an 
acceptable alternative method for the DiAnne Mine MSHA grants the 
petition for modification for the DiAnne Mine.

    Docket No.: M-1999-075-C.
    FR Notice: 64 FR 55492.
    Petitioner: Independence Coal Company, Inc.
    Regulation Affected: 30 CFR 75.1700.
    Summary of Findings: Petitioner's proposal is to plug and mine 
through oil and gas wells and to notify the District Manager or 
designee prior to mining within 300 feet of a plugged oil and gas well. 
This is considered an acceptable alternative method for the Cedar Grove 
Mine No. 1. MSHA grants the petition for modification for the Cedar 
Grove Mine No. 1 with conditions.

    Docket No.: M-1998-115-C.
    FR Notice: 64 FR 2519.
    Petitioner: Primrose Coal #2.
    Regulation Affected: 30 CFR 75.335.
    Summary of Findings: Petitioner's proposal is to use wooden 
materials of moderate size and weight to construct seals due to 
difficulty in accessing previously driven headings and breasts 
containing inaccessible abandoned workings, to use a design criteria in 
the 10 psi range, and for seals installed in pairs, to permit the water 
trap to be installed only in the gangway seal and the sampling tube in 
the monkey seal. This is considered an acceptable alternative method 
for the Buck Mountain Vein Slope Mine. MSHA grants the petition for 
modification for the Buck Mountain Vein Slope with conditions.

[FR Doc. 00-7907 Filed 3-29-00; 8:45 am]
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