Summary of Decisions Granting in Whole or in Part Petitions for Modification

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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