[Federal Register Volume 70, Number 232 (Monday, December 5, 2005)]
[Notices]
[Pages 72469-72470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-6832]


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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. As designee of 
the Secretary, we have 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 we 
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 27th day of November, 2005.
Rebecca J. Smith,
Acting Director, Office of Standards, Regulations, and Variances.

Affirmative Decisions on Petitions for Modification

    Docket No.: M-2005-044-C.
    FR Notice: 70 FR 39800.
    Petitioner: Andalex Resources, Inc.
    Regulation Affected: 30 CFR 75.1100-2(e)(2)
    Summary of Findings: The petitioner's proposal is to use two multi-
purpose dry chemical portable fire extinguishers with at least a 
minimum capacity of 10 pounds of dry power at each temporary and 
permanent electrical installation. This is considered an acceptable 
alternative method for the Aberdeen Mine (MSHA I.D. No. 42-02028). The 
petition for modification is granted for temporary electrical 
installations, provided that petitioner maintains two portable fire 
extinguishers having at least the minimum capacity specified for a 
portable fire extinguisher required in 30 CFR 75.1100-1(e)at each of 
the temporary electrical installations at the Aberdeen Mine with 
conditions.


[[Page 72470]]


    Docket No.: M-2004-046-C.
    FR Notice: 70 FR 42102.
    Petitioner: Genwal Resources, Inc.
    Regulation Affected: 30 CFR 75.1100-2(e)(2).
    Summary of Findings: The petitioner's proposal is to use two 
portable fire extinguishers, or one extinguisher at each temporary 
electrical installation with at least twice the minimum capacity for a 
portable fire extinguisher required in 30 CFR 75.1100-1(e). This is 
considered an acceptable alternative method for the Crandall Canyon 
Mine MSHA I.D. No. 42-01715). The petition for modification is granted 
for temporary electrical installations, provided that petitioner 
maintains two portable fire extinguishers having at least the minimum 
capacity specified for a portable fire extinguisher in 30 CFR 75.1100-
1(e) or one portable fire extinguisher with twice the minimum capacity 
specified in 30 CFR 75.1100-1(e) at each of the temporary electrical 
installations at the Crandall Canyon Mine with conditions.

    Docket No.: M-2005-047-C.
    FR Notice: 70 FR 42102.
    Petitioner: West Ridge Resources, Inc.
    Regulation Affected: 30 CFR 75.1100-2(e)(2).
    Summary of Findings: The petitioner's proposal is to use two 
portable fire extinguishers, or one extinguisher at each temporary 
electrical installation with at least twice the minimum capacity for a 
portable fire extinguisher required in 30 CFR 75.1100-1(e). This is 
considered an acceptable alternative method for the West Ridge Mine 
(MSHA I.D. No. 42-02233). The petition for modification is granted for 
temporary electrical installations, provided that petitioner maintains 
two portable fire extinguishers having at least the minimum capacity 
specified for a portable fire extinguisher in 30 CFR 75.1100-1(e) or 
one portable fire extinguisher with twice the minimum capacity 
specified in 30 CFR 75.1100-1(e) at each of the temporary electrical 
installations at the West Ridge Mine with conditions.

    Docket No.: M-2005-048-C.
    FR Notice: 70 FR 42102.
    Petitioner: Genwal Resources, Inc.
    Regulation Affected: 30 CFR 75.1100-2(e)(2).
    Summary of Findings: The petitioner's proposal is to use two 
portable fire extinguishers, or one extinguisher at each temporary 
electrical installation with at least twice the minimum capacity for a 
portable fire extinguisher required in 30 CFR 75.1100-1(e). This is 
considered an acceptable alternative method for the South Crandall 
Canyon Mine (MSHA I.D. No. 42-02356). The petition for modification is 
granted for temporary electrical installations, provided that 
petitioner maintains two portable fire extinguishers having at least 
the minimum capacity specified for a portable fire extinguisher in 30 
CFR 75.1100-1(e) or one portable fire extinguisher with twice the 
minimum capacity specified in 30 CFR 75.1100-1(e) at each of the 
temporary electrical installations at the South Crandall Canyon Mine 
with conditions.

    Docket No.: M-2005-049-C.
    FR Notice: 70 FR 42102.
    Petitioner: Andalex Resources, Inc.
    Regulation Affected: 30 CFR 75.1100-2(e)(2).
    Summary of Findings: The petitioner's proposal is to use two 
portable fire extinguishers, or one extinguisher at each temporary 
electrical installation with at least twice the minimum capacity for a 
portable fire extinguisher required in 30 CFR 75.1100-1(e). This is 
considered an acceptable alternative method for the Pinnacle Mine (MSHA 
I.D. No. 42-01474). The petition for modification is granted for 
temporary electrical installations, provided that petitioner maintains 
two portable fire extinguishers having at least the minimum capacity 
specified for a portable fire extinguisher in 30 CFR 75.1100-1(e) or 
one portable fire extinguisher with twice the minimum capacity 
specified in 30 CFR 75.1100-1(e) at each of the temporary electrical 
installations at the Pinnacle Mine with conditions.

[FR Doc. E5-6832 Filed 12-2-05; 8:45 am]
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