[Federal Register Volume 64, Number 206 (Tuesday, October 26, 1999)]
[Notices]
[Pages 57659-57661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27854]
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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 upon the petitioner's
statements, comments and information submitted by interested persons,
and where required 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: 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. Contact Barbara Barron at 703-235-1910.
Dated: October 18, 1999.
Carol J. Jones,
Acting Director, Office of Standards, Regulations and Variances.
Affirmative Decisions on Petitions for Modification
Docket No.: M-99-005-C.
FR Notice: 64 FR 12183.
Petitioner: Canyon Fuel Company, LLC.
Regulation Affected: 30 CFR 75.1101-8.
Summary of Findings: Petitioner's proposal is to use an alternative
method of arranging its sprinkler system using a single overhead pipe
sprinkler system. This is considered an acceptable alternative method
for the Dugout Canyon Mine, with conditions. MSHA grants the petition
for modification for the Dugout Canyon Mine with conditions.
Docket No.: M-99-008-C.
FR Notice: 64 FR 16760.
Petitioner: Consol of Kentucky, Inc.
Regulation Affected: 30 CFR 75.1101-8.
Summary of Findings: Petitioner's proposal is to use an alternative
method of arranging its sprinkler system using a single overhead pipe
sprinkler system. This is considered an acceptable
[[Page 57660]]
alternative method for the Big Springs El Mine, with conditions. MSHA
grants the petition for modification for the Big Springs El Mine with
conditions.
Docket No.: M-99-009-C.
FR Notice: 64 FR 16760.
Petitioner: KenAmerican Resources, Inc.
Regulation Affected: 30 CFR 75.503.
Summary of Findings: Petitioner's proposal is to use a spring-
loaded device with specific fastening characteristics instead of
padlocks to secure plugs and electrical type connectors to batteries
and to the permissible mobile powered equipment the batteries serve.
The spring-loaded device configuration in lieu of a padlock
configuration does not apply to the use of padlocks in controlling
accessibility in the lockout and tagout requirements of 30 CFR 75.511.
This limited application is considered an acceptable alternative method
for the Paradise No. 9 Mine, with conditions. MSHA grants the petition
for modification for the Paradise No. 9 Mine with conditions.
Docket No.: M-99-013-C.
FR Notice: 64 FR 16761.
Petitioner: Consolidation Coal Company.
Regulation Affected: 30 CFR 75.1002-1(a).
Summary of Findings: Petitioner's proposal is to use high-voltage
(4,160 volt) cables to supply power to its longwall mining system inby
the last open crosscut. This is considered an acceptable alternative
method for the Rend Lake Mine, with conditions. MSHA grants the
petition for modification for the Rend Lake Mine with conditions.
Docket No.: M-99-016-C.
FR Notice: 64 FR 23873.
Petitioner: Consolidation Coal Company.
Regulation Affected: 30 CFR 75.804(a).
Summary of Findings: Petitioner's proposal is to use a high-voltage
cable with an internal ground check conductor smaller than No. 10
(A.W.G.) as part of its longwall mining system. This is considered an
acceptable alternative method for the Rend Lake Mine, with conditions.
MSHA grants the petition for modification for the Rend Lake Mine with
conditions.
Docket No.: M-99-019-C.
FR Notice: 64 FR 23874.
Petitioner: K and B Coal, Inc.
Regulation Affected: 30 CFR 75.503.
Summary of Findings: Petitioner's proposal is to use permanently
installed spring-loaded locking devices on its mobile battery-powered
machines instead of a padlock to prevent unintentional loosening of
battery plugs from battery receptacles to eliminate the hazards
associated with difficult removal of padlocks during emergency
situations. The spring-loaded device configuration in lieu of a padlock
configuration does not apply to the use of padlocks in controlling
accessibility in the lockout and tagout requirements of 30 CFR 75.511.
This limited application is considered an acceptable alternative method
for the Mine No. 1, with conditions. MSHA grants the petition for
modification for the Mine No. 1 with conditions.
Docket No.: M-99-025-C.
FR Notice: 64 FR 25518.
Petitioner: Eighty-Four Mining Company.
Regulation Affected: 30 CFR 75.503.
Summary of Findings: Petitioner's proposal is to increase the
maximum lengths of the trailing cables to 900 feet for the mining
machine, loading machine, shuttle car, roof bolter, and section
ventilation fan. The petitioner also states that the trailing cable
would not be smaller than #4 A.W.G. for the section ventilation fan,
roof bolting machine, and shuttle cars, smaller than #2 A.W.G. for the
loading machine, or smaller than #2/0 A.W.G. for the continuous mining
machine. This proposal, as amended by MSHA recommendations, is
considered an acceptable alternative method for the Mine 84, with
conditions. MSHA grants the petition for modification for the Mine 84
with conditions.
Docket No.: M-98-019-C.
FR Notice: 63 FR 18232.
Petitioner: Energy West Mining Company.
Regulation Affected: 30 CFR 75.350.
Summary of Findings: The Petitioner is operating under a previously
granted modification, docket number M-94-166-C, granting the use of
belt air in a two entry mining system, as amended. Petitioner requests
that the term and condition I.(v) prohibiting the installation of
hydraulic fluid pumping stations in the two entry longwall panel be
changed. Petitioner had earlier petitioned to use non-Part 36 approved
diesel equipment. Petitioner's request regarding the installation of
hydraulic fluid pumping stations in the two entry longwall panel has
previously been granted. Now, the petition is amended to use non-Part
36 approved diesel equipment. This is considered an acceptable
alternative method for the Trail Mountain Mine, with conditions. MSHA
grants the petition for modification for the Trail Mountain Mine with
conditions.
Docket No.: M-98-020-C.
FR Notice: 63 FR 18232.
Petitioner: Energy West Mining Company.
Regulation Affected: 30 CFR 75.352.
Summary of Findings: The Petitioner is operating under a previously
granted modification, docket number M-94-167-C to use a belt conveyor
in a return aircourse during development of two entry mining systems at
the Trail Mountain Mine. Petitioner requests that the term and
condition I.(v) prohibiting the installation of hydraulic fluid pumping
stations in the two entry longwall panel be changed. Petitioner had
earlier petitioned to use non-Part 36 approved diesel equipment.
Petitioner's request regarding the installation of hydraulic fluid
pumping stations in the two entry longwall panel has previously been
granted. Now, the petition is amended to use non-Part 36 approved
diesel equipment. This is considered an acceptable alternative method
for the Trail Mountain Mine, with conditions. MSHA grants the petition
for modification for the Trail Mountain Mine with conditions.
Docket No.: M-98-069-C.
FR Notice: 63 FR 45865.
Petitioner: Arclar Company.
Regulation Affected: 30 CFR 75.503.
Summary of Findings: Petitioner's proposal is to use a locking
screw threaded through a steel bracket or a spring-loaded device
configuration instead of padlocks to lock battery plugs to machine-
mounted battery receptacles on permissible, mobile, battery-powered
machines. The allowance of a locking screw or spring-loaded
configuration in lieu of a padlock configuration does not apply to
padlocks in the lockout and tagout requirements of 30 CFR 75.511. This
limited application is considered an acceptable alternative method for
the Big Ridge Mine Portal No. 2, with conditions. MSHA grants the
petition for modification for the Big Ridge Mine Portal No. 2 with
conditions.
Docket No.: M-98-096-C.
FR Notice: 63 FR 64104.
Petitioner: Mettiki Coal Corporation.
Regulation Affected: 30 CFR 75.1100-2(e)(2).
Summary of Findings: Petitioner's proposal is to permit provision
of two portable fire extinguishers at each temporary electrical
installation. Petitioner also proposes to store at each temporary
electrical installation two multipurpose, dry chemical, portable fire
extinguishers, each having at least a minimum capacity of 10 pounds of
dry powder. This is considered an acceptable alternative method for the
Mettiki Mine, with conditions. MSHA grants the petition for
modification for the Mettiki Mine with conditions.
[[Page 57661]]
Docket No.: M-98-104-C.
FR Notice: 64 FR 2521.
Petitioner: U.S. Steel Mining Company, LLC.
Regulation Affected: 30 CFR 75.1002.
Summary of Findings: Petitioner's proposal is to use 4,160 volt
cables to supply power to permissible longwall equipment. This is
considered an acceptable alternative method for the Gary No. 50 Mine,
with conditions. MSHA grants the petition for modification for the Gary
No. 50 Mine with conditions.
Docket No.: M-98-105-C.
FR Notice: 64 FR 2521.
Petitioner: Windsor Coal Company.
Regulation Affected: 30 CFR 75.364(b)(1).
Summary of Findings: Petitioner's proposal is to establish
evaluation points to monitor the air and gas measurements in the
affected area; to maintain the evaluation points in safe conditions; to
have a certified person test for methane and the quality and quantity
of air at both evaluation points; and to have the person making the
examinations and test place their initials, date, and time at the
evaluation points and in a book on the surface made available for
interested persons. This is considered an acceptable alternative method
for the Windsor Mine, with conditions. MSHA grants the petition for
modification for the Windsor Mine with conditions.
Docket No.: M-98-113-C.
FR Notice: 64 FR 2519.
Petitioner: White County Coal Corporation.
Regulation Affected: 30 CFR 75.503.
Summary of Findings: Petitioner's proposal is to use a spring-
loaded device with specific fastening characteristics in lieu of a
padlock with its fastening configuration to secure plugs and electrical
type connectors to batteries and to the permissible mobile powered
equipment the batteries serve. This is considered an acceptable
alternative method for the Pattiki Mine, with conditions. MSHA grants
the petition for modification for the Pattiki Mine with conditions.
Docket No.: M-97-147-C.
FR Notice: 63 FR 5971.
Petitioner: Jim Walter Resources, Inc.
Regulation Affected: 30 CFR 75.364(b)(2).
Summary of Findings: Petitioner's proposal is to establish
evaluation points inby and outby the deteriorating return of the mine,
and to have a certified person examine the evaluation points for
methane and oxygen concentrations and the volume of air and record the
results in a book maintained on the surface of the mine. This is
considered an acceptable alternative method for the No. 3 Mine, with
conditions. MSHA grants the petition for modification for the No. 3
Mine with conditions.
Docket No.: M-91-003-M.
FR Notice: 56 FR 23941.
Petitioner: Tg Soda Ash, Inc.
Regulation Affected: 30 CFR 57.22305.
Summary of Findings: Petitioner's proposal is to use a
nonpermissible battery-powered drill for drilling holes for surveying
spads in the panel face area inby the last open crosscut. This is
considered an acceptable alternative method for the Wyoming Soda Ash
Mine, with conditions. MSHA grants the petition for modification for
the Wyoming Soda Ash Mine with conditions.
Docket No.: M-86-020-M.
FR Notice: 52 FR 5217.
Petitioner: Kenneth Utah Copper Corporation.
Regulation Affected: 30 CFR 56.9300(d).
Summary of Findings: The Petitioner is operating under a previously
granted modification, 30 CFR 56.9022. Petitioner requested that a
pipeline would be located on the inside edge (e.g., driver's side) of
the impoundment roadway, when there is a drop off sufficient for
equipment to overturn, to serve as a guide for equipment operators.
Petition is amended to install delineators along the perimeter of those
areas of the elevated roadway where no pipeline was laid and there was
a drop-off sufficient for equipment to overturn. At least three
delineators along each elevated shoulder would always be visible to the
drivers of vehicles. This is considered an acceptable alternative
method for the UC Concentrator Plant, with conditions. MSHA grants the
petition for modification for the UC Concentrator Plant with
conditions.
[FR Doc. 99-27854 Filed 10-25-99; 8:45 am]
BILLING CODE 4510-43-P
