95-15055. Summary of Decisions Granting in Whole or in Part Petitions for Modification  

  • [Federal Register Volume 60, Number 118 (Tuesday, June 20, 1995)]
    [Notices]
    [Pages 32180-32184]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-15055]
    
    
    
    [[Page 32180]]
    
    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: June 13, 1995.
    Richard V. Zeutenhorst,
    Associate Director, Office of Standards, Regulations and Variances.
    Affirmative Decisions on Petitions for Modification
    
    Docket No.: M-92-166-C
    FR Notice: 57 FR 59361
    Petitioner: Costain Coal, Inc.
    Reg Affected: 30 CFR 75.360
    Summary of Findings: Petitioner's proposal to establish a continuous 
    monitoring station to monitor the air passing through the William 
    Station intake air shaft, the 3rd East, the 8th Main North intake and 
    the 9th Main North entries considered acceptable alternative method. 
    Granted with conditions for the 3rd East, 8th Main North, and 8th Main 
    North Parallel intake aircourses.
    
    Docket No.: M-93-108-C
    FR Notice: 58 FR 39238
    Petitioner: Wenrich Coal Company
    Reg Affected: 30 CFR 75.335
    Summary of Findings: Petitioner's proposal for construction of seals 
    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 
    with conditions.
    
    Docket No.: M-93-146-C
    FR Notice: 58 FR 39569
    Petitioner: RoxCoal, Inc.
    Reg Affected: 30 CFR 75.1719-1
    Summary of Findings: Petitioner's proposal to ensure that no equipment 
    or pedestrians will travel in front of mobile roof support (MRS) while 
    its being set up; to provide the MRS with reflective tape; and to use 
    continuous mining machines to illuminate the MRS area of travel on the 
    pillar line instead of illuminating the work area considered acceptable 
    alternative method. Granted with conditions for the J. H. Fletcher 
    mobile roof support, Model No. MRS-13 (MRS), used as mobile roof 
    support for second mining.
    
    Docket No.: M-93-149-C
    FR Notice: 58 FR 39569
    Petitioner: Little Rock Coal Company
    Reg Affected: 30 CFR 75.335
    Summary of Findings: Petitioner's proposal for construction of seals 
    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 
    with conditions.
    
    Docket No.: M-93-210-C
    FR Notice: 58 FR 44701
    Petitioner: Drummond Company, Inc.
    Reg Affected: CFR 75.1103-4(a)
    Summary of Findings: Petitioner's proposal to install low-level carbon 
    monoxide sensors as an early warning fire detection system in all belt 
    entries in lieu of point-type heat sensors considered acceptable 
    alternate method. Granted with conditions. Petitioner's request for 
    relief to give effect to the modification granted.
    
    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 install a low-level 
    carbon monoxide detection system as an early warning fire detection 
    system in all belt entries used as intake aircourses. Granted for the 
    use of belt air to ventilate active working sections. Petitioner's 
    application for relief to give effect to the March 2, 1995, Proposed 
    Decision and Order GRANTED.
    
    Docket No.: M-93-252-C
    FR Notice: 58 FR 50055
    Petitioner: The Harriman Coal Corporation
    Reg Affected: 30 CFR 77.409(b)
    Summary of Findings: Petitioner's proposal to operate its Caterpillar 
    Excavators, Model 245 without handrails on the outside of walkways 
    considered acceptable alternative method. Granted with conditions.
    
    Docket No.: M-93-267-C
    FR Notice: 58 FR 57627
    Petitioner: AMAX Coal Company
    Reg Affected: 30 CFR 77.900
    Summary of Findings: Petitioner's proposal to use electronic pump 
    controllers to sense the volume of water coming into the pit pumps and 
    automatically turn the pump on and off electronically considered 
    acceptable alternative method. Granted with conditions for pontoon-
    mounted de-watering pumps to be operated with undervoltage protection 
    provided by the ground monitor circuit breaker.
    
    Docket No.: M-93-271-C
    FR Notice: 58 FR 57627
    Petitioner: Peabody Coal Company
    Reg Affected: 30 CFR 75.364(b)(1)
    Summary of Findings: Petitioner's proposal to establish evaluation 
    points in each of the aircourse entries #1, #2, and #3 at the outby end 
    of the 1st Sub-Main North aircourse near coordinate 1+70 and at the 
    inby end near coordinate 12+70; to test these evaluation points on a 
    weekly basis and record the test results in a designated book; and to 
    travel the ``neutral entries'' adjacent to the 1st Sub-Main North 
    entries on a weekly basis when monitoring the atmosphere that 
    ventilates the entries considered acceptable alternative method. 
    Granted with conditions for the 1st Sub-main North intake aircourse 
    entries from coordinate 1+70 to 12+70, located between crosscut No. 15 
    to crosscut No. 84.
    
    [[Page 32181]] Docket No.: M-93-308-C
    FR Notice: 58 FR 64972
    Petitioner: Consolidation Coal Company
    Reg Affected: 30 CFR 75.1002
    Summary of Findings: Petitioner's request that paragraph 25 of MSHA's 
    Proposed Decision and Order, docket number M-92-90-C be amended to 
    eliminate conflict between paragraph 25 and MSHA's subsequently issued 
    section 75.342(a)(2) requirements considered acceptable alternative 
    method. Granted with conditions for the high-voltage longwall system at 
    the Robinson Run No. 95 Mine.
    
    Docket No.: M-93-309-C
    FR Notice: 58 FR 64972
    Petitioner: Tennessee Energy Corporation
    Reg Affected: 30 CFR 75.333(g)
    Summary of Findings: Petitioner's proposal to designate specific 
    locations strategically positioned and to evaluate the quantity and 
    quality of air entering and leaving the affected area instead of 
    ventilating and evaluating each individual area considered acceptable 
    alternative method. Granted with conditions for the unventilated room 
    necks of the mine's main return aircourse for approximately 1,300 feet.
    
    Docket No.: M-93-311-C
    FR Notice: 58 FR 64972
    Petitioner: Maple Meadow Mining Company
    Reg Affected: 30 CFR 75.364(a)(1)
    Summary of Findings: Petitioner's proposal to establish monitoring 
    stations at a point 50 feet outby spad #2076, No. 3 Entry to monitor 
    the quantity and direction of air entering and leaving the affected 
    area due to deteriorating roof conditions considered acceptable 
    alternative method. Granted with conditions for the intake aircourse 
    through 2111 panel.
    
    Docket No.: M-93-313-C
    FR Notice: 58 FR 64972
    Petitioner: Heatherly Mining, Inc.
    Reg Affected: 30 CFR 75.1700
    Summary of Findings: Petitioner's proposal to mine through oil and gas 
    well boreholes considered acceptable alternative method. Granted with 
    conditions.
    
    Docket No.: M-93-317-C
    FR Notice: 58 FR 68670
    Petitioner: Richland Coal Company (now Canfield Energy, Inc.)
    Reg Affected: 30 CFR 75.342
    Summary of Findings: Petitioner's proposal to monitor continuously with 
    a hand-held methane and oxygen detector instead of using a methane 
    monitoring system on permissible three-wheel tractors with drag bottom 
    buckets considered acceptable alternative method. Granted with 
    conditions for the permissible three-wheel battery-powered tractors 
    used to load coal.
    
    Docket No.: M-93-318-C
    FR Notice: 58 FR 68670
    Petitioner: Consolidation Coal Company
    Reg Affected: 30 CFR 75.343(b)
    Summary of Findings: Petitioner's proposal to ventilate the underground 
    shop with intake air that is coursed through the affected air course 
    directly into a return air course and that is not used to ventilate 
    working places; and to establish check points to monitor for methane 
    and the quantity of air in the affected area on a weekly basis due to 
    deteriorating conditions considered acceptable alternative method. 
    Granted with conditions for the underground shop known as the Bowers 
    Air Shaft Motor Barn.
    
    Docket No.: M-93-321-C
    FR Notice: 58 FR 68671
    Petitioner: Energy West Mining Company (formerly Utah Power and Light 
    Company)
    Reg Affected: 30 CFR 75.1101-8
    Summary of Findings: Petitioner requests to amend MSHA's Proposed 
    Decision and Order, dated April 29, 1987 granting petition for 
    modification, docket number M-85-49-C. Petitioner's proposal to protect 
    all belt drives in these mines with water sprinkler systems; to use 
    upright type sprinkler heads as an alternative to the previously 
    approved pendant type sprinkler heads; and to include an optional 2-
    inch outlet at the end of the 2-inch sprinkler pipe to extend the 
    circuit in order to provide optional coverage of remote headrollers at 
    its Deer Creek, Trail Mountain and Cottonwood Mines in Emery County, 
    Utah considered acceptable alternative method. Granted with conditions.
    
    Docket No.: M-93-327-C
    FR Notice: 59 FR 1568
    Petitioner: McElroy Coal Company
    Reg Affected: 30 CFR 75.364(b)(2)
    Summary of Findings: Petitioner's proposal to establish evaluation 
    points at specific locations and to have a certified person monitor for 
    methane and the quantity and quality of air at these evaluation points 
    on a weekly basis and record the results in a book kept on the surface 
    due to deteriorating roof conditions in certain areas of the return 
    aircourse considered acceptable alternative method. Granted with 
    conditions for the ``East Return'' aircourses between Monitoring 
    Station No. 8 (near 2 South sealed area) and Monitoring Station No. 9 
    (near Big Tribble return air shaft).
    
    Docket No.: M-94-03-C
    FR Notice: 59 FR 4114
    Petitioner: Peabody Coal Company
    Reg Affected: 30 CFR 75.364(b)(4)
    Summary of Findings: Petitioner's proposal to have a certified person 
    to monitor on a weekly basis the methane and oxygen concentrations and 
    quantity of air outby the No. 1 Permanent Seal at Station 41+10 in 
    Entry 1 of the 1st Submain North off the 1st Submain East and inby the 
    No. 1 Permanent Seal at Station 40+70 in Entry 1 of the 1st Submain 
    North off the 1st Submain East due to hazardous roof conditions and to 
    record the results in a book kept on the surface available to 
    interested persons considered acceptable alternative method. Granted 
    with conditions for the examination of the No. 1 seal of the 2nd Panel 
    West at the Camp No. 1 Mine.
    
    Docket No.: M-94-30-C
    FR Notice: 59 FR 15238
    Petitioner: Mon River Mining Corporation
    Reg Affected: 30 CFR 75.364(b)(2)
    Summary of Findings: Petitioner's proposal to establish evaluation 
    check point No. 3 outby and check point No. 4 inby the crosscut due to 
    deteriorating roof conditions in the right return in the crosscut outby 
    the belt overcast and the adjacent heading at survey Station No. 45; to 
    post danger signs and block off the affected area; to check each side 
    of the crosscut for proper air movement and for methane and oxygen 
    deficiency and record the date, time and initials on date board on each 
    side of the crosscut; to make weekly examinations and record the 
    results in a record book kept on the surface available to interested 
    persons considered acceptable alternative method. Granted with 
    conditions for approximately 50 feet of the return aircourse off the 
    No. 1 and No. 2 Right rooms ventilated worked-out areas at the No. 1 
    Deep Mine.
    
    Docket No.: M-94-35-C
    FR Notice: 59 FR 17793
    Petitioner: Mountain Coal Company
    Reg Affected: 30 CFR 75.804(a)
    Summary of Findings: Petitioner's proposal to use 2/0 and 4/0 Anaconda 
    SHD+GC, and 2/0 and 4/0 Pirelli SHD-Center-GC type flame resistant 
    cables with a flexible No. 16 A.W.G. ground check conductor for the 
    ground check continuity check circuit on high-voltage longwall 
    system(s) considered acceptable alternative [[Page 32182]] method. 
    Granted with conditions for Mountain Coal Company's West Elk Mine's 
    longwall systems at the West Elk Mine.
    
    Docket No.: M-94-37-C
    FR Notice: 59 FR 17793
    Petitioner: Golden Oak Mining Company, L.P.
    Reg Affected: 30 CFR 75.1710-1
    Summary of Findings: Petitioner's proposal to operate its Joy 21 
    shuttle cars without canopies or cabs and assertion that application of 
    the standard would result in a diminution of safety to the miners 
    considered acceptable. Granted for the two-middle 21SC Joy shuttle cars 
    on the 004-0 MMU section, in mining heights less than 48 inches at the 
    Tango Mine .
    
    Docket No.: M-94-53-C
    FR Notice: 59 FR 24729
    Petitioner: Kerr-McGee Coal Corporation
    Reg Affected: 30 CFR 75.503
    Summary of Findings: Petitioner's proposal to use electric motor-driven 
    mine equipment in a longwall recovery room to serve as a power center 
    (transformer) in intake air for furnishing power to roofbolters with a 
    1200 foot long, Number 2, G-GC, 2KV trail cable that is protected for a 
    short circuit fault with an instantaneous circuit breaker set at not 
    more than 600 amperes at all points of the recovery room considered 
    acceptable alternative method. Granted with conditions for trailing 
    cables supplying the 3 Flether single boom roof bolters, Model No. CDR-
    13-EC-F, approval No. 2G-2674A-4, Serial Nos. 91086, 91087, and 92048 
    at the Galatia No. 56-1 Mine.
    
    Docket No.: M-94-58-C
    FR Notice: 59 FR 26816
    Petitioner: Costain Coal, Inc.
    Reg Affected: 30 CFR 75.1002
    Summary of Findings: Petitioner's proposal to use high-voltage (2400 
    volts) operated equipment inby the last open crosscut at the working 
    longwall sections considered acceptable alternative method. Granted 
    with conditions for the permissible high-voltage longwall equipment at 
    the Baker Mine.
    
    Docket No.: M-94-60-C
    FR Notice: 59 FR 29304
    Petitioner: CONSOL of Kentucky, Inc.
    Reg Affected: 30 CFR 75.1101-8
    Summary of Findings: Petitioner's proposal to use a single overhead 
    pipe system with \1/2\-inch orifice automatic sprinklers located on 10 
    foot centers to cover 50 feet of fire-resistant belt or 150 feet of 
    nonfire-resistant belt with actuation temperatures between 200 and 230 
    degrees fahrenheit with water pressure equal or greater than 10 psi and 
    with sprinklers located 10 feet apart so that the discharge of water 
    will extend over the belt drive, belt take-up, electrical control, and 
    gear reducing unit considered acceptable alternative method. Granted 
    with conditions at the Jones Fork #11bcde-h4 Mine.
    
    Docket No.: M-94-62-C
    FR Notice: 59 FR 29305
    Petitioner: Air Products and Chemicals, Inc.
    Reg Affected: 30 CFR 77.213
    Summary of Findings: Petitioner's proposal to have an escapeway not 
    less than 30 inches in diameter from the tunnel within 24 feet of the 
    tail roller at the closed end of the tunnel; to install a cable type 
    heat detection system set at 140 degrees fahrenheit in the enclosed 
    portion of the tunnel; to install heat activated sprinklers in the 
    tunnel; to install a carbon monoxide (CO) monitoring sensor in the 
    tunnel near the tail roller in order to activate a visual alarm in the 
    area of the tail roller and in the main and fuel handling control rooms 
    when a level of 15 ppm is reached; and to install a pull cord 
    throughout the tunnel to stop the belt conveyor considered acceptable 
    alternative method. Granted with conditions for an alternate escapeway 
    from the conveyor tunnel at the Cambria Cogeneration Facility.
    
    Docket No.: M-94-66-C
    FR Notice: 59 FR 32465
    Petitioner: Blue Arc Coal Corporation, Inc.
    Reg Affected: 30 CFR 75.342
    Summary of Findings: Petitioner's proposal to monitor continuously with 
    a hand-held methane and oxygen detector instead of using a methane 
    monitoring system on permissible three-wheel tractors with drag bottom 
    buckets considered acceptable alternative method. Granted with 
    conditions for the Mescher permissible three-wheel battery-powered 
    tractors used to load coal at the No. 2 Mine.
    
    Docket No.: M-94-68-C
    FR Notice: 59 FR 32465
    Petitioner: Island Creek Coal Company
    Reg Affected: 30 CFR 75.1100-2(b)
    Summary of Findings: Petitioner's proposal to have a fire hose 
    strategically located of sufficient length so that any affected area of 
    the belt would be covered from the most proximate fire hose outlet; to 
    have 700 feet of fire hose instead of the required 500 feet at a 
    location in the immediate area of the longwall belt drive; to have 
    crosscuts leading to the firehose outlets passable from the belt entry 
    by removing a portion of the stoppings at or near the fire hose outlets 
    or by providing stopping doors at or near the fire hose outlets 
    considered acceptable alternative method. Granted with conditions for 
    the retreating longwall sections at the VP-8 Mine.
    
    Docket No.: M-94-82-C
    FR Notice: 59 FR 35148
    Petitioner: K & 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 with conditions for firefighting equipment 
    in the working sections at the First Chance Slope Mine.
    
    Docket No.: M-94-107-C
    FR Notice: 59 FR 40924
    Petitioner: Energy West Mining Company
    Reg Affected: 30 CFR 75.804(a)
    Summary of Findings: Petitioner's proposal to use Cablec Anacondabrand 
    5KV 3/C Type SHD+GC, Piralli Type SHD-CENTER-GC, or Tiger Brand 5KV 
    Type SHD-CGC, MSHA-approved flame resistant cables with a flexible No. 
    16 A.W.G. ground check conductor for the ground continuity check 
    circuit, on high-voltage longwall systems considered acceptable 
    alternative method. Granted with conditions for longwall systems at the 
    Deer Creek Mine.
    
    Docket No.: M-94-114-C
    FR Notice: 59 FR 40925
    Petitioner: Consolidation Coal Company
    Reg Affected: 30 CFR 75.503
    Summary of Findings: Petitioner's proposal to use 800 feet of trailing 
    cables with three-phase 480 volt to supply power to loading machines, 
    shuttle cars, roofbolters, and section ventilation fans while 
    developing longwall panels considered acceptable alternative method. 
    Granted with conditions for the loading machines, roofbolters, shuttle 
    cars, and section ventilation fans used to develop three-entry longwall 
    panels in the Dilworth Mine.
    
    Docket No.: M-94-115-C
    FR Notice: 59 FR 40925
    Petitioner: R & S Coal Company
    Reg Affected: 30 CFR 75.1400
    Summary of Findings: Petitioner's proposal to use the gunboat without 
    safety catches and an increased rope strength safety factor and 
    secondary safety connections which are securely [[Page 32183]] fastened 
    around the gunboat and to the hoisting rope above the main connecting 
    device because of the steep, frequently changing pitch and numerous 
    curves and knuckles in the main haulage slope considered acceptable 
    alternative method. Granted with conditions for the use of the gunboat 
    without safety catches at the Primrose Slope Mine.
    
    Docket No.: M-94-122-C
    FR Notice: 59 FR 43869
    Petitioner: Freeman United Coal Mining Company
    Reg Affected: 30 CFR 75.1002
    Summary of Findings: Petitioner's proposal to use high-voltage (2400 
    volts) cables to power longwall equipment inby the last open crosscut 
    and within 150 feet of pillar workings (gob) areas considered 
    acceptable alternative method. Granted with conditions for the 
    permissible high-voltage longwall equipment at the Orient No. 6 Mine.
    
    Docket No.: M-94-131-C
    FR Notice: 59 FR 46269
    Petitioner: Monterey Coal Company
    Reg Affected: 30 CFR 75.503
    Summary of Findings: Petitioner's proposal to use two Fletcher Model 
    CDR-15 slim line roof bolters with No. 2 AWG G-GC portable cables with 
    1,200 feet of the cable reaching across the face from the power center 
    outby and near the end of the longwall panel in order to provide 
    additional support for the face in preparation for equipment transfer 
    to the next panel considered acceptable alternative method. Granted 
    with conditions at the No. 1 Mine.
    
    Docket No.: M-94-132-C
    FR Notice: 59 FR 46269
    Petitioner: Consolidation Coal Company
    Reg Affected: 30 CFR 75.1002
    Summary of Findings: Petitioner's proposal to use high-voltage (4160 
    volts) cables inby the last open crosscut to supply power to longwall 
    equipment and that application of the standard would result in a 
    diminution of safety to the miners considered acceptable alternative 
    method. Granted with conditions for the hybrid longwall system 
    (combination high-voltage and medium voltage) at the Showmaker Mine.
    
    Docket No.: M-94-164-C
    FR Notice: 59 FR 59435
    Petitioner: Mallie Coal Company, Inc.
    Reg Affected: 30 CFR 75.342
    Summary of Findings: Petitioner's proposal to monitor continuously with 
    a hand-held methane and oxygen detector instead of using a methane 
    monitoring system on permissible three-wheel tractors with drag bottom 
    buckets considered acceptable alternative method. Granted with 
    conditions for the Mescher permissible three-wheel battery-powered 
    tractors used to load coal at the No. 4 Mine.
    
    Docket No.: M-94-183-C
    FR Notice: 60 FR 3437
    Petitioner: Southern Utah Fuel Company
    Reg Affected: 30 CFR 75.1002
    Summary of Findings: Petitioner's proposal to use high-voltage (2400 
    volts) cables to power longwall equipment considered acceptable 
    alternative method. Granted with conditions for the permissible high-
    voltage longwall equipment at the SUFCo Mine. Petitioner's application 
    for relief to give effect to the March 17, 1995, Proposed Decision and 
    Order GRANTED.
    
    Docket No.: M-79-32-M
    FR Notice: 45 FR 3678
    Petitioner: Kerr-McGee Chemical Corp. (now New Mexico Potash 
    Corporation)
    Reg Affected: 30 CFR 57.11050 (previously 30 CFR 57.11-50)
    Summary of Findings: Petitioner's granted petition for modification was 
    reviewed and changes were noted which have occurred since petition was 
    granted. Based on this review. MSHA has issued an amended Proposed 
    Decision and Order. Petitioner's proposal to use a rescue changer 
    instead of a second escapeway in certain limited situations considered 
    acceptable alternative method. Granted with conditions.
    
    Docket No.: M-81-01-M
    FR Notice: 48 FR 12564
    Petitioner: Sunshine Mining Company (now Sunshine Precious Metals, 
    Inc.)
    Reg Affected: 30 CFR 57.11059 (previously 57.11-59)
    Summary of Findings: Petitioner's granted petition for modification was 
    reviewed and changes were noted which have occurred since petition was 
    granted. Based on this review, MSHA has issued an amended Proposed 
    Decision and Order. Petitioner's proposal to use a one-hour self-
    contained breathing apparatus for their underground hoist operators 
    considered acceptable alternative method. Granted with conditions.
    
    Docket No.: M-82-03-M
    FR Notice: 47 FR 8896
    Petitioner: Franklin Limestone Company (now Franklin Industrial 
    Minerals)
    Reg Affected: 30 CFR 57.4761 (previously 57.4-61B)
    Summary of Findings: Petitioner's granted petition for modification was 
    reviewed and noted that changes were needed to the previous amended 
    Proposed Decision and Order December 14, 1994, to incorporate the 
    changes specified as it pertains to operating an underground shop 
    without fire extinguishers installed. Based on this review, MSHA has 
    issued an amended Proposed Decision and Order to correct the phrase to 
    read ``. . . ordered that modification of the application of 30 CFR 
    57.4761 to the Crab Orchard Mine as it pertains to operating an 
    underground shop without certain ventilation or mechanical fire control 
    devices installed.'' Granted with conditions.
    
    Docket No.: M-86-20-M
    FR Notice: 52 FR 5217
    Petitioner: Kennecott Utah Copper
    Reg Affected: 30 CFR 56.9300 (previously 56.9022)
    Summary of Findings: On December 3, 1986, Petitioner filed a petition 
    seeking a modification of the application of 30 CFR 56.9022 to its Utah 
    Copper Division Concentrator Plants located in Magna, Salt Lake County, 
    Utah. The petitioner alleging that application of the standard would 
    result in a diminution of safety to the miners and that the alternative 
    method outlined in the petition would guarantee no less than the same 
    measure of protection as the mandatory standard. A Proposed Decision 
    and Order (PDO) was issued granting this petition on May 25, 1988. On 
    June 24, 1988, petitioner submitted comments requesting correction to 
    certain sections in the PDO. On July 14, 1988, MSHA issued an amended 
    PDO incorporating the changes requested by petitioner, allowing the 
    operator to use the tailings impoundment roadway without berms or 
    guards conditioned upon petitioner's compliance with specific factors 
    and upon circumstances existing at the mine at the time modification 
    was granted. On October 24, 1988, the mandatory standard was revised 
    and redesignated as 56.9300. On July 26, 1994, petitioner submitted a 
    request for petition to be amended, noting that conditions have changed 
    since previous petition was granted. After review of the entire record, 
    and MSHA's investigative report and recommendations, an amended PDO was 
    issued on March 8, 1995, modifying the granted modification of 30 CFR 
    56.9022 to Kennecott Utah Copper Concentrator--North. On March 28, 
    1995, petitioner submitted [[Page 32184]] comments requesting 
    correction and/or clarification of certain sections in the PDO. This 
    amended PDO incorporates the changes requested by the petitioner. 
    Granted with conditions.
    
    Docket No.: M-94-18-M
    FR Notice: 59 FR 15239
    Petitioner: Santa Fe Pacific Gold Corp.
    Reg Affected: 30 CFR 56.6309
    Summary of Findings: Petitioner's proposal to recycle used petroleum-
    based and lubrication oil from equipment and blend it with fuel oil to 
    create a blasting agent (ANFO) was granted, MSHA Proposed Decision and 
    Order (PDO) issued November 21, 1994, to the Twin Creeks Mine, allowing 
    the operator to use waste oil instead of conventional oil when 
    preparing Ammonium Nitrate Fuel oil blasting agents with specific 
    conditions. On December 8 and 29, 1994, the petitioner submitted a 
    review of the conditions relevant to the PDO. In that review it was 
    noted that conditions No. 2, 6, and 14 were incorrect and needed to be 
    modified. This PDO incorporates those modifications. Granted with 
    conditions.
    
    Docket No.: M-94-38-M
    FR Notice: 59 FR 50008
    Petitioner: Independent Aggregates
    Reg Affected: 30 CFR 56.6306(b)
    Summary of Findings: Petitioner's proposal to continue drilling the 
    shop pattern while loading is in progress by completing a drill hole 
    and immediately loading the hole while continuing to drill a new hole 
    considered acceptable alternative method. Granted with conditions.
    
    [FR Doc. 95-15055 Filed 6-19-95; 8:45 am]
    BILLING CODE 4510-43-P
    
    

Document Information

Published:
06/20/1995
Department:
Mine Safety and Health Administration
Entry Type:
Notice
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.
Document Number:
95-15055
Pages:
32180-32184 (5 pages)
PDF File:
95-15055.pdf