94-27325. Summary of Decisions Granting in Whole or in Part Petitions for Modification

[Federal Register Volume 59, Number 213 (Friday, November 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27325]


[[Page Unknown]]

[Federal Register: November 4, 1994]


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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 may modify 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.
    Summaries of petitions received by the Secretary appear 
periodically in the Federal Register. 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 has granted or partially granted 
the requests for modification submitted by the petitioners listed 
below. In some instances the decisions are conditioned upon compliance 
with stipulations stated in the decision.

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.

    Dated: October 25, 1994
Patricia W. Silvey
Director, Office of Standards, Regulations and Variances.

Affirmative Decisions on Petitions for Modification

Docket No.: M-85-127-C
FR Notice: 50 FR 48281
Petitioner: Utah Power and Light Company
Reg Affected: 30 CFR 75.326 (now 75.350)
Summary of Findings: Petitioner's proposal to use two entries in 
longwall panel development and retreat mining at its Deer Creek and 
Cottonwood Mines, with the belt entry used as a return air course 
during longwall development considered acceptable alternate method. 
Granted with conditions.

Docket No.: M-92-92-C
FR Notice: 57 FR 38328
Petitioner: Consolidation Coal Company
Reg Affected: 30 CFR 75.305 (now 75.364(b)(2))
Summary of Findings: Petitioner's proposal to establish four designated 
checkpoints for examining hazardous conditions in the Harvey Run area 
of the Loveridge No. 22 Mine due to hazardous roof falls, other 
blockages, and impassable conditions of entries considered acceptable 
alternate method. Granted with conditions.

Docket No.: M-92-175-C
FR Notice: 57 FR 62390
Petitioner: Peabody Coal Company
Reg Affected: 30 CFR 75.360(b)(6)
Summary of Findings: Petitioner's proposal to have qualified persons 
examine portions of the intake air courses daily at its Martwick Mine 
until traveled in its entirety once a week and to take methane tests 
during the pre-shift examination at an evaluation point or points in 
the main split of air inby the point where the air passed previously 
developed places considered acceptable alternate method. Granted with 
conditions for the rooms and room necks driven off the Northwest main 
and the Southwest Submain entries.

Docket No.: M-93-5-C
FR Notice: 58 FR 8065
Petitioner: Energy West Mining Company
Reg Affected: 30 CFR 75.350
Summary of Findings: Petitioner's proposal to use belt air in two-entry 
mining systems during longwall development at its Trail Mountain Mine 
considered acceptable alternate method. Granted with conditions.

Docket No.: M-93-20-C
FR Notice: 58 FR 13805
Petitioner: Carter-ROAG Coal Company
Reg Affected: 30 CFR 75.364(b)(1)
Summary of Findings: Petitioner's proposal to establish evaluation 
checkpoints at its No. 1A Mine to monitor the air velocity and quality 
of air outby the intake air course due to deteriorating roof conditions 
considered acceptable alternate method. Granted with conditions for 
entries No. 3 and No. 4 of the Mains intake air course.

Docket No.: M-93-23-C
FR Notice: 58 FR 13805
Petitioner: Monterey Coal Company
Reg Affected: 30 CFR 75.1002
Summary of Findings: Petitioner's proposal to use high-voltage cables 
to power longwall equipment at its No. 1 Mine considered acceptable 
alternate method. Granted with conditions.

Docket No.: M-93-45-C
FR Notice: 58 FR 18419
Petitioner: Windsor Coal Company
Reg Affected: 30 CFR 75.380(d)(4)
Summary of Findings: Petitioner's proposal to maintain the longwall 
power center in the intersection of the entry to offset the pump and 
water cars and to maintain a clear 4-foot wide walkway to allow for 
passage in an emergency at its Windsor Mine considered acceptable 
alternate method. Granted subject to the conditions and terms set forth 
in the Consent Agreement.

Docket No.: M-93-46-C
FR Notice: 58 FR 18420
Petitioner: Laurel Run Mining Company
Reg Affected: 30 CFR 75.364(b)(1)
Summary of Findings: Petitioner's proposal to establish evaluation 
checkpoints at its Potomac Mine to monitor the quantity and quality of 
air entering and leaving certain areas of the intake air course due to 
deteriorating roof conditions considered acceptable alternate method. 
Granted with conditions for the 2B East and 2B West intake air courses.

Docket No.: M-93-51-C
FR Notice: 58 FR 26166
Petitioner: U.S. Steel Mining Company
Reg Affected: 30 CFR 75.1700
Summary of Findings: Petitioner's proposal to plug and mine through oil 
and gas wells at its Gary No. 50 Mine considered acceptable alternate 
method. Granted with conditions.

[FR Doc. 94-27325 Filed 11-3-94; 8:45 am]
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