[Federal Register: December 5, 2005 (Volume 70, Number 232)]
[Notices]
[Page 72469-72470]
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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.
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.
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]
BILLING CODE 4510-43-P
