[Federal Register Volume 70, Number 131 (Monday, July 11, 2005)]
[Notices]
[Pages 39798-39799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13523]


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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

[[Page 39799]]

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 5th day of July 2005.
Rebecca J. Smith,
Acting Director, Office of Standards, Regulations, and Variances.

Affirmative Decisions on Petitions for Modification

    Docket No.: M-2003-082-C.
    FR Notice: 68 FR 67217.
    Petitioner: Genwal Resources, Inc.
    Regulation Affected: 30 CFR 75.350.
    Summary of Findings: Petitioner's proposal is to use the belt entry 
as a return air course during two-entry longwall development, and as an 
intake air course during longwall extraction to insure an adequate 
quantity of ventilation to dilute and render harmless any methane or 
other noxious gases that otherwise may accumulate. This is considered 
an acceptable alternative method for the South Crandall Canyon Mine. 
MSHA grants the petition for modification for the use of belt air in 
two-entry longwall mining systems and use of belt air course as a 
return air course for the South Crandall Canyon Mine with conditions.

    Docket No.: M-2003-092-C.
    FR Notice: 68 FR 74983.
    Petitioner: Genwal Resources, Inc.
    Regulation Affected: 30 CFR 75.352.
    Summary of Findings: Petitioner's proposal is to use the belt entry 
as a return air course during longwall development. This is considered 
an acceptable alternative method for the South Crandall Canyon Mine. 
MSHA grants the petition for modification for use of belt air in two-
entry longwall mining systems and use of belt air course as a return 
air course for the South Crandall Canyon Mine with conditions.

    Docket No.: M-2004-046-C.
    FR Notice: 69 FR 69414.
    Petitioner: J & J Coal Company.
    Regulation Affected: 30 CFR 75.335.
    Summary of Findings: Petitioner's proposal is to construct seals 
from wooden materials of moderate size and weight; designing the seals 
to withstand a static horizontal pressure in the range of 10 psi; and 
installing a sampling tube only in the monkey (higher elevation) seal. 
This is considered an acceptable alternative method for the Rocky Top 
Mine. MSHA grants the petition for modification for seals installed in 
the Rocky Top Mine with conditions.

    Docket No.: M-2004-048-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 Blacksville No. 2 Mine under specific terms and 
conditions. This is considered an acceptable alternative method for the 
Blacksville No. 2 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 Blacksville No. 2 Mine with conditions.

    Docket No.: M-2004-050-C.
    FR Notice: 69 FR 76959.
    Petitioner: W.A. Mining, Inc.
    Regulation Affected: 30 CFR 77.214(a).
    Summary of Findings: Petitioner's proposal is to utilize coal 
preparation plant refuse and scalp rock material to backfill the 
existing mine portal face-ups. The backfill will eliminate the existing 
60-foot highwall and reclaim four mine entries into the abandoned 
Caretta No. 2 Mine. This is considered an acceptable alternative method 
for the Caretta No. 2 Mine. MSHA grants the petition for modification 
for the Caretta No. 2 Mine with conditions.

    Docket No.: M-2004-053-C.
    FR Notice: 70 CFR 3566.
    Petitioner: Six M Coal Company.
    Regulation Affected: 30 CFR 75.1400.
    Summary of Findings: Petitioner's proposal is to use a slope 
conveyance (gunboat) in transporting persons without installing safety 
catches or other no less effective devices. The petitioner proposes to 
instead use increased rope strength and secondary safety rope 
connections in place of such devices. This is considered an acceptable 
alternative method for the No. 1 Slope Mine. MSHA grants the petition 
for modification for the use of the hoist conveyance (gunboat) without 
safety catches in the No. 1 Slope Mine with conditions.

    Docket No.: M-2005-002-C.
    FR Notice: 70 FR 5488.
    Petitioner: The Falkirk 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. This is considered 
an acceptable alternative method for the Falkirk 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 for 
the Falkirk Mine with conditions.

    Docket No.: M-2005-009-C.
    FR Notice: 70 FR 12906.
    Petitioner: Eastern Associated Coal Corporation.
    Regulation Affected: 30 CFR 77.214(a).
    Summary of Findings: Petitioner's proposal is to utilize coal 
preparation plant refuse and scalp rock material to backfill the four 
existing mine portals and face-up of the permanently abandoned Long 
Branch Energy Mine No. 20. The backfill will eliminate the existing 45-
foot highwall and reclaim the area of the four mine entries into the 
abandoned Long Branch Energy Mine No. 20 Mine. This is considered an 
acceptable alternative method for the Kopperston Refuse Impoundment 
site. MSHA grants the petition for modification for the Kopperston 
Refuse Impoundment Site with conditions.

    Docket No.: M-2005-013-C.
    FR Notice: 70 FR 15898.
    Petitioner: Webster County Coal, LLC.
    Regulation Affected: 30 CFR 75.1101-1(b).
    Summary of Findings: Petitioner's proposal is to conduct weekly 
examinations and functional testing of the deluge fire suppression 
systems as an alternative method of complying with the existing 
standard. This is considered an acceptable alternative method for the 
Dotiki 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 for the Dotiki Mine with conditions.

[FR Doc. 05-13523 Filed 7-8-05; 8:45 am]
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