[Federal Register Volume 62, Number 69 (Thursday, April 10, 1997)]
[Notices]
[Pages 17641-17647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9241]
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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. Contact Barbara Barron at 703-235-1910.
Dated: March 24, 1997.
Patricia W. Silvey,
Director, Standards, Regulations, and Variances.
Affirmative Decisions on Petitions for Modification
Docket No.: M-92-096-C.
FR Notice: 57 FR 43476.
Petitioner: Zeigler Coal Company.
Reg Affected: 30 CFR 75.352.
Summary of Findings: Petitioner's proposal to ventilate the belt
haulage slope with return air and monitor the belt slope with an
automatic fire sensor and warning device system considered acceptable
alternative method. Granted for the Spartan Mine with conditions for
the use of the conveyor belt in the slope portion of the main return.
Docket No.: M-92-097-C.
FR Notice: 57 FR 43476.
Petitioner: Costain Coal, Inc.
Reg Affected: 30 CFR 75.350.
Summary of Findings: Petitioner's proposal to install a low-level
carbon monoxide detection system in all belt entries where a sensor
location is identified instead of a monitoring system which identifies
each belt flight considered acceptable alternative method. Granted for
the Baker Mine with conditions to allow air coursed through conveyor
belt entries to be used to ventilate working places.
Docket No.: M-93-080-C.
FR Notice: 58 FR 39235.
Petitioner: Synder Coal Company.
Reg Affected: 30 CFR 75.1405
Summary of Findings: Petitioner's proposal to use bar and pin or
link and pin couplers on underground haulage equipment instead of
automatic couplers considered acceptable
[[Page 17642]]
alternative method. Granted for the N and L Slope Mine with conditions.
Docket No.: M-93-154-C.
FR Notice: 58 FR 39570.
Petitioner: Little Rock Coal Company.
Reg Affected: 30 CFR 75.1100-2(a)(2).
Summary of Findings: Petitioner's proposal to use only portable
fire extinguishers to replace existing requirements where rock dust,
water cars, and other water storage are not practical considered
acceptable alternative method. Granted for the No. 1 Slope Mine with
conditions for firefighting equipment in the working section.
Docket No.: M-93-158-C.
FR Notice: 58 FR 41294.
Petitioner: Mountain Coal Company.
Reg Affected: 30 CFR 75.350.
Summary of Findings: Petitioner's proposal that condition number 16
requiring sections to be designed by entry location, by number of
entries, or by pressure differential to enhance the protection of the
intake escapeway from contamination by fires in adjacent entries of
MSHA Proposed Decision and Order, docket number M-90-061-C be deleted
considered acceptable alternative method. Granted for the West Elk Mine
with conditions.
Docket No.: M-93-211-C.
FR Notice: 58 FR 44701.
Petitioner: Drummond Company, Inc.
Reg Affected: 30 CFR 75.350.
Summary of Findings: Petitioner's proposal to use all belt entries
as intake air courses to eliminate any possible dead air areas and
prevent air reversals due to changes in ventilation pressure; to
continue separating the belt entries used as intake entries from other
intake and return entries using a continuous permanent type stopping;
and to install a carbon monoxide monitoring system in all belt entries
used as intake air courses considered acceptable alternative method.
Granted for the Shoal Creek Mine with conditions for the use of belt
air to ventilate active working sections. Application for Relief to
Give Effect to April 22, 1996 Granted.
Docket No.: M-93-280-C.
FR Notice: 58 FR 58566.
Petitioner: Andalex Resources, Inc.
Reg Affected: 30 CFR 75.350.
Summary of Findings: Petitioner's proposal to use a two-entry
development system and use the belt entry as a return air course during
longwall development and as an intake air course during longwall
extraction to ensure adequate ventilation quantity to dilute and render
harmless any methane or other noxious gases that otherwise may
accumulate considered acceptable alternative method. Granted for the
Pinnacle Mine with conditions for the use of belt air in two-entry
mining systems.
Docket No.: M-94-009-C.
FR Notice: 59 FR 6975.
Petitioner: SBM Coal Company.
Reg Affected: 30 CFR 75.1100-2(a)(2).
Summary of Findings: Petitioner's proposal to use only portable
fire extinguishers to replace existing requirements where rock dust,
water cars, and other water storage are not practical considered
acceptable alternative method. Granted for the M&R Slope Mine.
Docket No.: M-94-019-C.
FR Notice: 59 FR 10171.
Petitioner: Utah Fuel Company.
Reg Affected: 30 CFR 75.380(d)(4).
Summary of Findings: Petitioner's proposal to continue utilizing
the five-foot wide stairways at overcasts in the secondary escapeway
which was installed prior to November 16, 1992 considered acceptable
alternative method. Granted for Skyline No. 1 Mine with conditions for
the use of the existing steel stairways with 5-foot wide stairs
providing access to cross overcasts which were constructed prior to
November 15, 1992.
Docket No.: M-94-067-C.
FR Notice: 59 FR 32465.
Petitioner: Andalex Resources, Inc.
Reg Affected: 30 CFR 75.352.
Summary of Findings: Petitioner's proposal to install a beltline in
the return air course during development of two-entry longwall gate
entries considered acceptable alternative method. Granted for the
Pinnacle Mine with conditions for the use of the conveyor belt in a
return aircourse during development of a two-entry mining system.
Docket No.: M-94-080-C.
FR Notice: 59 FR 35148.
Petitioner: K & S Coal Company.
Reg Affected: 30 CFR 75.360.
Summary of Findings: Petitioner's proposal to examine each seal for
physical damage from the slope gunboat during the preshift examination
after an air quantity reading is taken in by the intake portal and to
test for the quantity and quality of air at the intake air split
locations off the slope in the gangway portion of the working section
considered acceptable alternative method. Granted for the First Chance
Slope with conditions for examinations of seals (conducted from the
gunboat) in the intake air haulage slope of this mine.
Docket No.: M-94-101-C.
FR Notice: 59 FR 40924.
Petitioner: H. L. & W. Coal Company.
Reg Affected: 30 CFR 75.340.
Summary of Findings: Petitioner's proposal to charge batteries on
the mine's locomotive when all miners are out of the mine and to have
the intake air which is used to ventilate the charging station continue
through its normal route to the last open crosscut and into the monkey
airway considered acceptable alternative method. Granted for the No. 2
Slope Mine with conditions for underground battery charging station in
the intake (gangway) entry.
Docket No.: M-94-120-C.
FR Notice: 59 FR 43869.
Petitioner: Somerset Mining Company.
Reg Affected: 30 CFR 75.350.
Summary of Findings: Petitioner's proposal to use belt air to
ventilate active working places in order to enhance the operator's
ability to ventilate remote sections of the mine considered acceptable
alternative method. Granted for the Sanborn Creek Mine with conditions
to allow air coursed through conveyor belt entries to be used to
ventilate working places.
Docket No.: M-94-147-C.
FR Notice: 59 FR 52840.
Petitioner: Leeco, Inc.
Reg Affected: 30 CFR 75.1103-4(a)(1).
Summary of Findings: Petitioner's proposal to install a low-level
carbon monoxide detection system as an early warning fire detection
system in all belt entries used as intake air courses considered
acceptable alternative method. Granted for Mine No. 68 with conditions
for the use of a carbon monoxide monitoring system that identifies the
location of sensors in lieu of identifying belt flights.
Docket No.: M-94-148-C.
FR Notice: 59 FR 52840.
Petitioner: Leeco, Inc.
Reg Affected: 30 CFR 75.350.
Summary of Findings: Petitioner's proposal to use belt air to
ventilate active working places to aid in controlling respirable dust
and dissipating methane considered acceptable alternative method.
Granted for Mine No. 68 with conditions to allow air coursed through
conveyor belt entries to be used to ventilate working places.
Docket No.: M-94-157-C.
FR Notice: 59 FR 55298.
Petitioner: Arch of Illinois.
Reg Affected: 30 CFR 75.350.
Summary of Findings: Petitioner's proposal to use belt air to
ventilate active working faces to maintain and to better control the
air ventilating the belt entries and the mining faces considered
acceptable alternative method. Granted for the Conant Mine with
conditions to allow air coursed through conveyor belt entries to be
used to ventilate working places.
[[Page 17643]]
Docket No.: M-95-025-C.
FR Notice: 60 FR 16165.
Petitioner: Southern Utah Fuel Company.
Reg Affected: 30 CFR 75.380(d)(3), (4), and (5)
Summary of Findings: Petitioner's proposal to use the main return
to #3 crosscut where the escapeway will then enter the #1 beltline
entry considered acceptable alternative method. Granted for the SUFCo
Mine with conditions for the use of 2 East alternate escapeway with
reduced travelway height or width from the conveyor belt crossing,
alongside the belt conveyor and to the surface.
Docket No.: M-95-040-C.
FR Notice: 60 FR 18147.
Petitioner: C&B Mining Company.
Reg Affected: 30 CFR 75.360.
Summary of Findings: Petitioner's proposal to examine each seal for
physical damage from the slope gunboat during the preshift examination
after an air quantity reading is taken in by the intake portal and to
test for the quantity and quality of air at the intake air split
locations off the slope in the gangway portion of the working section
considered acceptable alternative method. The petitioner proposes also
to physically examine the entire length of the slope once a month.
Granted for the No. 2 Vein Slope Mine with conditions for examinations
of seals (conducted from the gunboat) in the intake air haulage slope
of this mine.
Docket No.: M-95-049-C.
FR Notice: 60 FR 18148.
Petitioner: Kerr-McGee Coal Corporation.
Reg Affected: 30 CFR 75.350.
Summary of Findings: Petitioner's proposal to use the air in the
belt entry to ventilate active working places; to examine the belt
conveyor entry at least once during each coal producing shift at
intervals that would be most effective while miners are working; to
follow all other MSHA fire protection requirements, especially those
pertaining to water lines, fire hoses, fire suppression systems,
warning devices, and flame-resistant belting; and to install a low-
level carbon monoxide detection system in all belt entries used as
intake air courses as an early warning fire detection system considered
acceptable alternative method. Granted for Mine No. 10 with conditions
to allow air coursed through conveyor belt entries to be used to
ventilate working places.
Docket No.: M-95-050-C.
FR Notice: 60 FR 18148.
Petitioner: Cross Mountain Coal, Inc.
Reg Affected: 30 CFR 75.1103-4.
Summary of Findings: Petitioner's proposal to install a low-level
carbon monoxide detection system as an early warning fire detection
system in all belt entries where a monitoring system would identify a
sensor location instead of each belt flight considered acceptable
alternative method. Granted for Mine No. 10 with conditions for the use
of a carbon monoxide system that identifies the location of sensors in
lieu of identifying belt flights.
Docket No.: M-95-052-C.
FR Notice: 60 FR 18148.
Petitioner: Peabody Coal Company.
Reg Affected: 30 CFR 75.364(b).
Summary of Findings: Petitioner's proposal to eliminate coverage of
the 1 South seals, 2 South seals, 3 South seals, 4 South seals, and 1
West seals off the 1 Submain North in the Decision because these areas
have been sealed considered acceptable alternative method. Granted for
Camp No. 1 Mine with conditions.
Docket No.: M-95-066-C.
FR Notice: 60 FR 26903.
Petitioner: Shell Energy Company, Inc.
Reg Affected: 30 CFR 75.364(b)(2)
Summary of Findings: Petitioner's proposal to establish monitor
points ``A'' and ``B'' to test for methane and quantity of air in the
affected area; to have a certified person examine each monitoring point
on a weekly basis and record the results in a record book kept on the
surface available for inspection by interested persons; to record daily
examinations of the water gauge on the active section until corrective
action has been made; to cease mining if a 10 percent decrease in the
quantity of air is measured at either monitor point ``A'' or ``B'' in
the active section until corrective action has been made; and to cease
mining if an increase of .05 per centum of methane is detected at
either monitor point in the active section until corrective action has
been made considered acceptable alternative method. Granted for the
Stacy-Meranda Mine with conditions for approximately 675-feet of the
mine's main return aircourse beginning 130-feet inby the mine's return
air portal.
Docket No.: M-95-068-C.
FR Notice: 60 FR 29714.
Petitioner: C. H. & S. Coal Company.
Reg Affected: 30 CFR 75.1711-2.
Summary of Findings: Petitioner's proposal to install bat gates on
openings at Mine No. 3 and Portals C in addition to the two bat gates
already installed by the Virginia Department of Mines, Minerals and
Energy at openings Portal A and Portal B in 1987 considered acceptable
alternative method. Granted for Mine No. 3 with conditions to allow bat
gates to be installed in Portal of the No. 1 entry and Portal ``C'' in
this mine.
Docket No.: M-95-070-C.
FR Notice: 60 CFR 29714.
Petitioner: Clinchfield Coal Company.
Reg Affected: 30 CFR 75.350.
Summary of Findings: Petitioner's proposal to install a low-level
carbon monoxide monitoring system as an early warning fire detection
system in all belt entries used as intake air courses to ventilate the
active working faces and to dilute and render harmless respirable dust
and harmful gases considered acceptable alternative method. Granted for
the McClure No. 2 Mine with conditions to allow air coursed through
conveyor belt entries to be used to ventilate working places.
Docket No.: M-95-080-C.
FR Notice: 60 FR 31499.
Petitioner: Andalex Resources, Inc.
Reg Affected: 30 CFR 75.325(b).
Summary of Findings: Petitioner's proposal to mine panels by
driving a set of entries a specified distance and then drive another
set of entries parallel and adjoining the first set; and to measure the
air volume in the panels at the location indicated on the diagram
accompanying the petition considered acceptable alternative method.
Granted for Island Mine No. 1 with conditions.
Docket No.: M-95-081-C.
FR Notice: 60 FR 31499.
Petitioner: Andalex Resources, Inc.
Reg Affected: 30 CFR 75.360(c)(1).
Summary of Findings: Petitioner's proposal to mine panels by
driving a set of entries a specified distance and then drive another
set of entries parallel and adjoining the first set; and to measure the
air volume in the panels at the location indicated on the diagram
accompanying the petition considered acceptable alternative method.
Granted for Island Mine No. 1 with conditions.
Docket No.: M-95-082-C.
FR Notice: 60 FR 31499.
Petitioner: Andalex Resources, Inc.
Reg Affected: 30 CFR 75.362(c)(1).
Summary of Findings: Petitioner's proposal to mine panels by
driving a set of entries a specified distance and then drive another
set of entries parallel and adjoining the first set; and to measure the
air volume in the panels at the location indicated on the diagram
accompanying the petition considered acceptable alternative method.
Granted for Island Mine No. 1 with conditions.
Docket No.: M-95-083-C.
FR Notice: 60 FR 33437.
Petitioner: Birdeye Coal Company, Inc.
Reg Affected: 30 CFR 75.342.
Summary of Findings: Petitioner's proposal to monitor continuously
with
[[Page 17644]]
a hand-held methane and oxygen detector instead of using machine-
mounted methane monitors on three-wheel tractors with drag bottom
buckets considered acceptable alternative method. Granted for the No. 4
Mine with conditions for the Mescher permissible three-wheel battery-
powered tractors used to load coal.
Docket No.: M-95-087-C.
FR Notice: 60 FR 35236.
Petitioner: Keystone Coal Mining Corporation.
Reg Affected: 30 CFR 75.380(d)(4).
Summary of Findings: Petitioner's proposal to continue utilizing
its secondary/alternate escapeway for the Emilie No. 1 Mine through to
the East Mains Section cut through to the Emilie No. 2 Mine's main line
track entry, along the belt and track, and up the belt slope to the
surface; to have two features in and about the slope area of the
escapeway less than the requirements of the standard; and to have the
distance from the sidewall of the slope to the edge of the belt 54
inches wide and the two airlock doors in the slope 46 inches wide
considered acceptable alternative method. Granted for the Emilie No. 1
Mine with conditions for the continued use of the alternate escapeway
at a travel width of 54 inches through the belt/track haulage slope.
Docket No.: M-95-089-C.
FR Notice: 60 FR 35236.
Petitioner: R. S. Coal Company.
Reg Affected: 30 CFR 75.1400.
Summary of Findings: Petitioner's proposal to use a slope
conveyance (gunboat) in transporting persons without installing safety
catches or other no less effective devices but instead use an increased
rope strength/safety factor and secondary safety rope connection in
place of such devices considered acceptable alternate method. Granted
for the No. 1 Slope Mine with conditions for the use of the gunboat
without safety catches.
Docket No.: M-95-092-C.
FR Notice: 60 FR 39429.
Petitioner: Consolidation Coal Company.
Reg Affected: 30 CFR 75.1002.
Summary of Findings: Petitioner's proposal to use high-voltage
(4,160 volts) cables inby the last open crosscut to supply power to
longwall mining equipment considered acceptable alternative method.
Granted for the Loveridge No. 22 Mine with conditions for the 4,160-
volt longwall equipment.
Docket No.: M-95-104-C.
FR Notice: 60 FR 42921.
Petitioner: Old Hickory Coal Company.
Reg Affected: 30 CFR 77.1304(a).
Summary of Findings: Petitioner's proposal to blend recycled oil, a
petroleum-based lubrication oil recycled from equipment at the No. 7
Surface Mine blended with fuel oil to create ammonium nitrate/fuel oil
(ANFO) for use as a blasting agent considered acceptable alternative
method. Granted for the Peat's Branch No. 3 Mine with conditions.
Docket No.: M-95-105-C.
FR Notice: 60 FR 42921.
Petitioner: Hobet Mining, Inc.
Reg Affected: 30 CFR 77.1304(a).
Summary of Findings: Petitioner's proposal to blend recycled oil, a
petroleum-based lubrication oil recycled from equipment at the No. 7
Surface Mine blended with fuel oil to create ammonium nitrate/fuel oil
(ANFO) for use as a blasting agent considered acceptable alternative
method. Granted for the No. 7 Surface Mine with conditions.
Docket No.: M-95-106-C.
FR Notice: 60 FR 42921.
Petitioner: Hobet Mining, Inc.
Reg Affected: 30 CFR 77.1304(a).
Summary of Findings: Petitioner's proposal to blend recycled oil, a
petroleum-based lubrication oil recycled from equipment at the No. 21
Surface Mine blended with fuel oil to create ammonium nitrate/fuel oil
(ANFO) for use as a blasting agent considered acceptable alternative
method. Granted for the No. 21 Surface Mine with conditions.
Docket No.: M-95-111-C.
FR Notice: 60 FR 46871.
Petitioner: Solar Sources Underground, L.L.C.
Reg Affected: 30 CFR 75.1700.
Summary of Findings: Petitioner's proposal to plug and mine through
oil and gas wells considered acceptable alternative method. Granted for
the Monroe City Mine with conditions for mining through oil and gas
wells.
Docket No.: M-95-117-C.
FR Notice: 60 FR 52217.
Petitioner: Snyder Coal Company.
Reg Affected: 30 CFR 75.1200(d) & (j).
Summary of Findings: Petitioner's proposal to use cross-sections
instead of contour lines through the intake slope, at locations of rock
tunnel connections between veins, and at 1,000-foot intervals of
advance from the intake slope and to limit the required mapping of mine
workings above and below to those present within 100 feet of the veins
being mined except when veins are interconnected to other veins beyond
the 100-foot limit through rock tunnels considered acceptable
alternative method. Granted for the N & L Slope Mine with conditions
for the use of cross sections, in lieu of contour lines, limiting the
mapping of mines above or below this mine to those within 100 feet of
the vein being mined.
Docket No.: M-96-119-C.
FR Notice: 60 FR 52217.
Petitioner: Doverspike Bros. Coal Company, Inc.
Reg Affected: 30 CFR 75.380(d)(4).
Summary of Findings: Petitioner's proposal to maintain an alternate
escapeway that would have a travelway with a minimum width of four feet
and a total of 350 lineal feet instead of the required six-foot-wide
escapeway considered acceptable alternate method. Granted for the Dora
No. 6 Mine with conditions for top portion of the duel compartment
conveyor-belt slope for a distance of 350 feet from the surface.
Docket No.: M-95-123-C.
FR Notice: 60 FR 52218.
Petitioner: H & S Coal Company.
Reg Affected: 30 CFR 75.335.
Summary of Findings: Petitioner's request for a modification of the
standard to permit alternative methods of construction using wooden
materials of moderate size and weight due to the difficulty in
accessing previously driven headings and breasts containing
inaccessible abandoned workings; to accept a design criteria in the 10
psi range; and to permit the water trap to be installed in the gangway
seal and sampling tube in the monkey seal for seals installed in pairs
considered acceptable alternative method. Granted for the No. 1 Slope
Mine with conditions for seals installed in this mine.
Docket No.: M-95-128-C.
FR Notice: 60 FR 52218.
Petitioner: H & S Coal Company.
Reg Affected: 30 CFR 75.1100-2.
Summary of Findings: Petitioner's proposal to use only portable
fire extinguishers to replace existing requirements where rock dust,
water cars, and other water storage are not practical considered
acceptable alternative method. Granted for the No. 1 Slope Mine with
conditions for firefighting equipment in the working section.
Docket No.: M-95-129-C.
FR Notice: 60 FR 52218.
Petitioner: H & S Coal Company.
Reg Affected: 30 CFR 75.1200 (d) & (i).
Summary of Findings: Petitioner's proposal to use cross-sections
instead of contour lines through the intake slope, at locations of rock
tunnel connections between veins, and at 1,000-foot intervals of
advance from the intake slope and to limit the required mapping of the
mine workings above and below to those present within 100 feet of the
[[Page 17645]]
veins being mined except when veins are interconnected to other veins
beyond the 100-foot limit through rock tunnels considered acceptable
alternate method. Granted for the No. 1 Slope Mine with conditions for
the use of cross sections, in lieu of contour lines, limiting the
mapping of mines above or below this mine to those within 100 feet of
the vein being mined.
Docket No.: M-95-130-C.
FR Notice: 60 FR 52218.
Petitioner: H & S Coal Company.
Reg Affected: 30 CFR 75.1202-1(a).
Summary of Findings: Petitioner's proposal to revise and supplement
mine maps annually instead of every 6 months, as required, and to
update maps daily by hand notations considered acceptable alternative
method. Granted for the No. 1 Slope Mine with conditions for annual
revisions and supplements of the mine map.
Docket No.: M-95-131-C.
FR Notice: 60 FR 52219.
Petitioner: Performance Coal Company.
Reg Affected: 30 CFR 75.1002.
Summary of Findings: Petitioner's proposal to use high-voltage
(4,160 volts) cables to power longwall equipment considered acceptable
alternate method. Granted for the Upper Big Branch South Mine with
conditions for the 4,160-volt longwall equipment.
Docket No.: M-95-143-C.
FR Notice: 60 FR 54392.
Petitioner: Three Way Coal Company.
Reg Affected: 30 CFR 75.335.
Summary of Findings: Petitioner's request for a modification of the
standard to permit alternative methods of construction using wooden
materials of moderate size and weight due to the difficulty in
accessing previously driven headings and breasts containing
inaccessible abandoned workings; to accept a design criteria in the 10
psi range; and to permit the water trap to be installed in the gangway
seal and sampling tube in the monkey seal for seals installed in pairs
considered acceptable alternative method. Granted for the Little Vein
Slope Mine with conditions for seals installed in this mine.
Docket No.: M-95-147-C.
F.R. Notice: 60 FR 54392.
Petitioner: Three Way Coal Company.
Reg Affected: 30 CFR 75.1102.
Summary of Findings: Petitioner's proposal to use only portable
fire extinguishers to replace existing requirements where rock dust,
water cars, and other water storage are not practical considered
acceptable alternative method. Granted for the Little Vein Slope Mine
with conditions for firefighting equipment in the working section.
Docket No.: M-95-148-C.
FR Notice: 60 FR 54392.
Petitioner: Three Way Coal Company.
Reg Affected: 30 CFR 75.1200 (d) & (i).
Summary of Findings: Petitioner's proposal to use cross-sections
instead of contour lines through the intake slope, at locations of rock
tunnel connections between veins, and at 1,000-foot intervals of
advance from the intake slope and to limit the required mapping of the
mine workings above and below to those present within 100 feet of the
veins being mined except when veins are interconnected to other veins
beyond the 100-foot limit through rock tunnels considered acceptable
alternate method. Granted for the Little Vein Slope Mine with
conditions for the use of cross sections, in lieu of contour lines,
limiting the mapping of mines above or below this mine to those within
100 feet of the vein being mined.
Docket No.: M-95-149-C.
FR Notice: 60 FR 54392.
Petitioner: Three Way Coal Company.
Reg Affected: 30 CFR 75.1202-1(a).
Summary of Findings: Petitioner's proposal to revise and supplement
mine maps annually instead of every 6 months, as required, and to
update maps daily by hand notations considered acceptable alternative
method. Granted for the Little Vein Slope Mine with conditions for
annual revisions and supplements of the mine map.
Docket No.: M-95-151-C.
FR Notice: 60 FR 54393.
Petitioner: Heatherly Mining, Inc.
Reg Affected: 30 CFR 75.1700.
Summary of Findings: Petitioner's proposal to plug and mine through
certain abandoned wells which lie in the path of engineered mine
workers considered acceptable alternative method. Granted for the
Pollyanna No. 8 Mine with conditions for permanent plugging prior to
the mining within 300 feet of or through oil or gas wells.
Docket No.: M-95-158-C.
FR Notice: 60 FR 64079.
Petitioner: R. S. Coal Company.
Reg Affected: 30 CFR 75.335.
Summary of Findings: Petitioner's request for a modification of the
standard to permit alternative methods of construction using wooden
materials of moderate size and weight due to the difficulty in
accessing previously driven headings and breasts containing
inaccessible abandoned workings; to accept a design criteria in the 10
psi range; and to permit the water trap to be installed in the gangway
seal and sampling tube in the monkey seal for seals installed in pairs
considered acceptable alternative method. Granted for the No. 1 Slope
Mine with conditions for seals installed in this mine.
Docket No.: M-95-160-C.
FR Notice: 60 FR 64080.
Petitioner: R. S. Coal Company.
Reg Affected: 30 CFR 75.1100-2(a)(2).
Summary of Findings: Petitioner's proposal to use only portable
fire extinguishers to replace existing requirements where rock dust,
water cars, and other water storage are not practical considered
acceptable alternative method. Granted for the No. 1 Slope Mine with
conditions for firefighting equipment in the working section.
Docket No.: M-95-161-C.
FR Notice: 60 FR 64080.
Petitioner: R. S. Coal Company.
Reg Affected: 30 CFR 75.1200 (d) & (i).
Summary of Findings: Petitioner's proposal to use cross-sections
instead of contour lines through the intake slope, at locations of rock
tunnel connections between veins, and at 1,000-foot intervals of
advance from the intake slope and to limit the required mapping of the
mine workings above and below to those present within 100 feet of the
veins being mined except when veins are interconnected to other veins
beyond the 100-foot limit through rock tunnels considered acceptable
alternate method. Granted for the No. 1 Slope Mine with conditions for
the use of cross sections, in lieu of contour lines, limiting the
mapping of mines above or below this mine to those within 100 feet of
the vein being mined.
Docket No.: M-95-162-C.
FR Notice: 60 FR 64080.
Petitioner: R. S. Coal Company.
Reg Affected: 30 CFR 75.1202-1(a).
Summary of Findings: Petitioner's proposal to revise and supplement
mine maps annually instead of every 6 months, as required, and to
update maps daily by hand notations considered acceptable alternative
method. Granted for the No. 1 Slope Mine with conditions for annual
revisions and supplements of the mine map.
Docket No.: M-95-163-C.
FR Notice: 60 FR 64080.
Petitioner: R. S. Coal Company.
Reg Affected: 30 CFR 75.804(a).
Summary of Findings: Petitioner's proposal to use a high-voltage
(4,160-volt) cable with an internal ground check conductor smaller than
No. 10 (A.W.G.) as a part of its longwall mining system considered
acceptable alternative method. Granted for the
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Blacksville No. 2 Mine with conditions for Consolidation Coal
Company's, Blacksville No. 2 Mine's longwall system.
Docket No.: M-95-164-C.
FR Notice: 60 FR 64080.
Petitioner: The Pittsburg & Midway Coal Mining Company.
Reg Affected: 30 CFR 75.1700.
Summary of Findings: Petitioner's proposal to plug and mine through
oil and gas wells considered acceptable alternative method. Granted for
the North River No. 1 Mine with conditions.
Docket No.: M-96-001-C.
FR Notice: 61 FR 13881.
Petitioner: Energy West Mining Company.
Reg Affected: 30 CFR 75.326 (now 75.350).
Summary of Findings: Petitioner's request to amend paragraph
III(c)(4) and paragraph (o) of MSHA's Proposed Decision and Order (PDO)
for its previously granted petition to permit the use of longwall
mining with two entries in the longwall panels under deep cover at the
Deer Creek Mine, Case No. 86-MSHA-3, Docket No. M-85-17-C considered
acceptable. Granted with conditions. The PDO is modified to permit the
use of non-Part 36 diesel-powered equipment in the two entry system,
except in those areas where permissible electric face equipment is
required and only Part 36 approved diesel equipment is allowed.
Docket No.: M-96-022-C.
FR Notice: 61 FR 17734.
Petitioner: KenAmerican Resources, Inc.
Reg Affected: 30 CFR 75.380(g).
Summary of Findings: Petitioner's request for a modification of the
standard to allow the primary escapeway for the No. 9 Slope to be
separated from the belt entries after completion of the two-phase
Initial Development Stage (the normal course of mining in the No. 9
Seam, the time required from the commencement of mining until
connection to the airshaft) considered acceptable alternative method.
Granted for the No. 9 Slope Mine with conditions for the slope, during
Phase 2 development, until development can progress to the airshaft and
make the connections.
Docket No.: M-96-030-C.
FR Notice: 61 FR 20544.
Petitioner: Amax Coal Company.
Reg Affected: 30 CFR 75.503.
Summary of Findings: Petitioner's proposal to extend the length of
portable trailing cables to 825 feet to carry electrical power from the
working face transformer to the mobile roof supports considered
acceptable alternative method. Granted with conditions for the four(4)
Voest-Alpine Mobile roof supports, Model No. ABLS130/275-540, Approved
No. 2G-3736A.3, Serial Nos. 111, 112, 113 and 114 used in second mining
at the Wabash mine.
Docket No.: M-96-032-C.
FR Notice: 61 FR 20544.
Petitioner: Pittsburg & Midway Coal Mining Company.
Reg Affected: 30 CFR 75.325(b).
Summary of Findings: Petitioner's proposal to provide positive
ventilation by using the stopping line constructed to separate the
intake and return air courses in the rooms previously developed on the
same panel and maintained in accordance with the requirements in 30 CFR
75.333; to construct permanent stopping lines when rooms are driven
more than 600 feet deep and to use temporary stopping lines when rooms
are driven 600 feet deep or less, as measured from the centerline of
the panel from which the rooms are driven; and to measure the air flow
volumes in accordance with 30 CFR 75.360(c)(1) and 75.362(c)(1)
considered acceptable alternative method. Granted for the Sebree No. 1
Mine with conditions for the relocation of the site at which air
measurements shall be taken in the last open crosscut.
Docket No.: M-96-033-C.
FR Notice: 61 FR 20544.
Petitioner: Pittsburg & Midway Coal Mining Company.
Reg Affected: 30 CFR 75.360(c)(1).
Summary of Findings: Petitioner's proposal to provide positive
ventilation by using the stopping line constructed to separate the
intake and return air courses in the rooms previously developed on the
same panel and maintained in accordance with the requirements in 30 CFR
75.333; to construct permanent stopping lines when rooms are driven
more than 600 feet deep and to use temporary stopping lines when rooms
are driven 600 feet deep or less, as measured from the centerline of
the panel from which the rooms are driven; and to measure the air flow
volumes in accordance with 30 CFR 75.360(c)(1) and 75.362(c)(1)
considered acceptable alternative method. Granted for the Sebree No. 1
Mine with conditions for the relocation of the site at which air
measurements shall be taken in the last open crosscut.
Docket No.: M-96-034-C.
FR Notice: 61 FR 20544.
Petitioner: Pittsburg & Midway Coal Mining Company.
Reg Affected: 30 CFR 75.362(c)(1).
Summary of Findings: Petitioner's proposal to provide positive
ventilation by using the stopping line constructed to separate the
intake and return air courses in the rooms previously developed on the
same panel and maintained in accordance with the requirements in 30 CFR
75.333; to construct permanent stopping lines when rooms are driven
more than 600 feet deep and to use temporary stopping lines when rooms
are driven 600 feet deep or less, as measured from the centerline of
the panel from which the rooms are driven; and to measure the air flow
volumes in accordance with 30 CFR 75.360(c)(1) and 75.362(c)(1)
considered acceptable alternative method. Granted for the Sebree No. 1
Mine with conditions for the relocation of the site at which air
measurements shall be taken in the last open crosscut.
Docket No.: M-96-035-C.
FR Notice: 61 FR 20544.
Petitioner: Pittsburg & Midway Coal Mining Company.
Reg Affected: 30 CFR 75.1700.
Summary of Findings: Petitioner's proposal to mine through oil and
gas wells considered acceptable alternative method. Granted for the
Sebree No. 1 Mine with conditions for mining-through oil and gas wells,
in the Kentucky No. 9 coalbed.
Docket No.: M-95-004-M.
FR Notice: 60 FR 18148.
Petitioner: Holnam, Inc.
Reg Affected: 30 CFR 56.6901.
Summary of Findings: Petitioner's proposal to destroy substandard
model rocket engines containing black powder and desensitized black
powder sweepings in conjunction with high explosives routinely
detonated in mining activities considered acceptable alternative
method. Granted for the Portland Quarry with conditions.
Docket No.: M-95-008-M.
FR Notice: 60 FR 29715.
Petitioner: Cyprus Bagdad Copper Corporation.
Reg Affected: 30 CFR 56.6309.
Summary of Findings: Petitioner's proposal to blend recycled oil
with fuel oil in preparing ammonium nitrate-fuel oil (ANFO) for use as
a blasting agent considered acceptable alternative method. Granted for
the Bagdad Mine with conditions.
Docket No.: M-94-047-M.
FR Notice: 60 FR 3437.
Petitioner: Pluess-Staufer (California), Inc.
Reg Affected: 30 CFR 56.13020.
Summary of Findings: Petitioner's proposal to establish blow-off
stations with a low pressure (2-6 psi) compressed airflow at various
areas in the plant for employees to blow dust off their clothing
considered acceptable
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alternative method. Granted for the Limestone Plant with conditions.
[FR Doc. 97-9241 Filed 4-9-97; 8:45 am]
BILLING CODE 4510-43-P
