[Federal Register Volume 64, Number 119 (Tuesday, June 22, 1999)]
[Notices]
[Pages 33323-33326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15874]
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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 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 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.
The cite following ``FR Notice:'' refers to the issue of the Federal
Register where MSHA published the notice that the petitioner was
seeking a 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: June 16, 1999.
Carol J. Jones,
Acting Director, Office of Standards, Regulations and Variances.
Affirmative Decisions on Petitions for Modification
Docket No.: M-98-011-C.
FR Notice: 63 FR 11697.
Petitioner: FKZ Coal, Inc.
Regulation 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.
Docket No.: M-98-022-C.
FR Notice: 63 FR 18232.
Petitioner: Consolidation Coal Company.
Regulation Affected: 30 CFR 75.503.
Summary of Findings: Petitioner's proposal to use a spring-loaded
metal locking device instead of padlocks for securing battery-charging
plugs to machine-mounted battery receptacles on permissible, mobile,
battery-powered scoop cars considered acceptable alternative method.
Granted for the Rend Lake Mine with conditions.
Docket No.: M-98-028-C.
FR Notice: 63 FR 29034.
Petitioner: Lodestar Energy.
Regulation Affected: 30 CFR 75.503.
Summary of Findings: Petitioner's proposal to use 750 feet of No. 6
cable on Fletcher single boom roof bolters considered acceptable
alternative method. Granted for the Baker Mine with conditions.
Docket No.: M-98-030-C.
FR Notice: 63 FR 29034.
Petitioner: Lone Mountain Processing, Inc.
[[Page 33324]]
Regulation Affected: 30 CFR 75.350.
Summary of Findings: Petitioner's proposal to use belt air to
ventilate active working places and to install a low-level carbon
monoxide detection system as an early warning fire detection system in
belt entries considered acceptable alternative method. Granted for the
Darby Fork No. 1 and Huff Creek Mine No. 1 with conditions.
Docket No.: M-98-031-C.
FR Notice: 63 FR 29034.
Petitioner: Freeman United Coal Mining Company.
Regulation Affected: 30 CFR 75.1002.
Summary of Findings: Petitioner's proposal to use 2,400 volt A.C.
cables and equipment inby the last open crosscut within 150 feet of gob
areas so that they can be used to power continuous mining equipment
considered acceptable alternative method. Granted for the Crown II Mine
with conditions.
Docket No.: M-98-032-C.
FR Notice: 63 FR 29034.
Petitioner: Mettiki Coal Corporation.
Regulation Affected: 30 CFR 75.1002.
Summary of Findings: Petitioner's proposal to use 4,300 volt cables
on high-voltage longwall electric equipment used within 150 feet from
pillar workings (longwall gob) considered acceptable alternative
method. Granted for the Mettiki Mine with conditions.
Docket No.: M-98-035-C.
FR Notice: 63 FR 29034.
Petitioner: Lone Mountain Processing, Inc.
Regulation Affected: 30 CFR 75.1103-4.
Summary of Findings: Petitioner's proposal to use belt air to
ventilate active working places and to install a low-level carbon
monoxide detection system as an early warning fire detection system
considered acceptable alternative method. Granted for the Darby Fork
Mine No. 1 with conditions.
Docket No.: M-98-037-C.
FR Notice: 63 FR 29035.
Petitioner: CONSOL of Kentucky, Inc.
Regulation Affected: 30 CFR 75.1101-8.
Summary of Findings: Petitioner's proposal to use a single line of
automatic sprinklers for its fire protection system on the main and
secondary belt conveyors at the Motts Branch Mine considered acceptable
alternative method. Granted for the Motts Branch Mine with conditions.
Docket No.: M-98-044-C.
FR Notice: 63 FR 41598.
Petitioner: Joliett Coal Company.
Regulation Affected: 30 CFR 75.335.
Summary of Findings: Petitioner's proposal to construct 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 use; a design criteria in the 10 psi
range; and to install the water trap in the gangway seal and sampling
tube in the monkey seal for seals installed in pairs considered
acceptable alternative method. Granted for the No. 3 Vein Slope Mine
with conditions.
Docket No.: M-98-045-C.
FR Notice: 63 FR 41598.
Petitioner: Joliett Coal Company.
Regulation Affected: 30 CFR 75.360.
Summary of Findings: Petitioner's proposal to visually examine each
seal for physical damage from the slope gunboat during the pre-shift
examination after an air quality reading is taken inby 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
considered acceptable alternative method. Granted for the No. 3 Vein
Slope Mine with conditions.
Docket No.: M-98-046-C.
FR Notice: 63 FR 41598.
Petitioner: Joliett Coal Company.
Regulation Affected: 30 CFR 75.364 .
Summary of Findings: Petitioner's proposal to examine the intake
haulage slope and primary escapeway areas from the gunboat/slope car
with an alternative air quality evaluation at the section's intake
level, and to travel and thoroughly examine these areas for hazardous
conditions once a month considered acceptable alternative method.
Granted for the Mine No. 3 Vein Slope Mine with conditions.
Docket No.: M-98-048-C.
FR Notice: 63 FR 41598.
Petitioner: Joliett Coal Company.
Regulation 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 is not practical considered
acceptable alternative method. Granted for the No. 3 Vein Slope Mine
with conditions.
Docket No.: M-98-049-C.
FR Notice: 63 FR 41598.
Petitioner: Joliett Coal Company.
Regulation Affected: 30 CFR 75.1200.
Summary of Findings: Petitioner's proposal to use cross-sections
instead of contour lines, limiting the mapping of mines above or below
this mine to those within 100 feet of the vein being mined considered
acceptable alternative method. Granted for the No. 3 Vein Slope Mine
with conditions.
Docket No.: M-98-050-C.
FR Notice: 63 FR 41598.
Petitioner: Joliett Coal Company.
Regulation Affected: 30 CFR 75.1202-1.
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. 3 Vein Slope Mine.
Docket No.: M-98-051-C.
FR Notice: 63 FR 41598.
Petitioner: Webster County Coal Corporation.
Regulation Affected: 30 CFR 75.364.
Summary of Findings: Petitioner's proposal to establish two
continuous monitoring stations to continuously monitor for methane and
oxygen; to have an audible alarm signal at a surface location where a
responsible person would be on duty at all times while miners are
underground, and to train this person in the proper procedures for
handling the monitoring system if immediate action is necessary in the
event of an emergency or malfunction; to have a certified person check
the monitoring stations weekly for air quantity and direction; and to
have the results of the check recorded in a book that would be
maintained on the surface considered acceptable alternative method.
Granted for the Dotiki Mine with conditions.
Docket No.: M-98-053-C.
FR Notice: 63 FR 44291.
Petitioner: Primrose Coal Company.
Regulation 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 increased
rope strength and secondary safety rope connection in place of such
devices considered acceptable alternative method. Granted for the Buck
Mountain Vein Slope Mine with conditions.
Docket No.: M-98-058-C.
FR Notice: 63 FR 44291.
Petitioner: Rustler Coal Company.
Regulation 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 considered
acceptable alternative method. Granted for the Archard Slope Mine with
conditions.
Docket No.: M-98-059-C.
FR Notice: 63 FR 44291.
Petitioner: CONSOL of Kentucky, Inc.
Regulation Affected: 30 CFR 75.1101-8.
[[Page 33325]]
Summary of Findings: Petitioner's proposal to use a single line of
automatic sprinklers for its fire protection system on main and
secondary belt conveyors in the Big Springs No. 1 Mine, and to have the
automatic sprinklers located not more than 10 feet apart so that the
discharge of water would extend over the belt drive, belt take-up,
electrical control, and gear reducing unit considered acceptable
alternative method. Granted for the Big Springs No. 17 Mine with
conditions.
Docket No.: M-98-068-C.
FR Notice: 63 FR 45865.
Petitioner: Jewell Smokeless Coal Corporation.
Regulation Affected: 30 CFR 77.214.
Summary of Findings: Petitioner's proposal to construct a refuse
bench fill in an area containing abandoned mine openings considered
acceptable alternative method. Granted for the Dominion Mine No. 25
with conditions.
Docket No.: M-98-071-C.
FR Notice: 63 FR 45866.
Petitioner: Mettiki Coal Corporation.
Regulation Affected: 30 CFR 75.804.
Summary of Findings: Petitioner's proposal to use specially
designed high-voltage cables for longwall mining equipment, and to use
cables that would be MSHA accepted as flame-resistant and used only for
high-voltage longwall equipment; and to train miners performing
electrical maintenance on high-voltage cables on the longwall to safely
install, splice, and repair the specially designed high-voltage cables
considered acceptable alternative method. Granted for the Mettiki Mine
with conditions.
Docket No.: M-98-072-C.
FR Notice: 63 FR 45866.
Petitioner: Independence Coal Company, Inc.
Regulation Affected: 30 CFR 75.1700.
Summary of Findings: Petitioner's proposal to plug oil and gas
wells using specific procedures outlined in the petition for
modification considered acceptable alternative method. Granted for the
Justice No. 1 Mine with conditions.
Docket No.: M-98-075-C.
FR Notice: 63 FR 48765.
Petitioner: The Kedco, Inc.
Regulation Affected: 30 CFR 75.503 (18.41(f)).
Summary of Findings: Petitioner's proposal to replace a padlock on
battery plug connectors with a threaded ring and a spring loaded device
on mobile battery-powered machines to prevent the plug connector from
accidently disengaging while under load considered acceptable
alternative method. Granted for the No. 2 Mine with conditions.
Docket No.: M-98-079-C.
FR Notice: 63 FR 50603.
Petitioner: Independence Coal Company.
Regulation Affected: 30 CFR 75.1002.
Summary of Findings: Petitioner's proposal to use high-voltage
longwall mining equipment and that the nominal voltage of the longwall
power circuit(s) would not exceed 4,160 volts considered acceptable
alternative method. Granted for the Justice No. 1 Mine with conditions.
Docket No.: M-98-083-C.
FR Notice: 63 FR 58430.
Petitioner: Long Branch Coal.
Regulation Affected: 30 CFR 75.503.
Summary of Findings: Petitioner's proposal to use a threaded ring
and a spring loaded device on battery plug connectors on mobile
battery-powered machines to prevent the plug connector from accidently
disengaging while under load considered acceptable alternative method.
Granted for Mine No. 23 with conditions.
Docket No.: M-97-049-C.
FR Notice: 62 FR 29371.
Petitioner: Island Creek Coal Company.
Regulation Affected: 30 CFR 75.364.
Summary of Findings: Petitioner's proposal to monitor the water
level by a float and if the water level goes away indicating a problem
with the seal below water, a set of contacts will close sounding an
alarm in the mine-wide monitoring system on the surface; to check the
water level each production day; to establish two check points to
monitor the affected area; to maintain these check points in a safe
condition; to have a certified person test these check points on a
weekly basis for methane and the quantity of air; and to have the
person making the tests place his/her initials, date, and time in a
record book kept on the surface and made available for inspection by
interested persons considered acceptable alternative method. Granted
for the Ohio No. 11 Mine with conditions for continuous monitoring
using intrinsically safe sensors installed as part of the mines AMS and
weekly evaluation for methane and oxygen content of the air ventilating
the flooded mine seals No. 1 (Old Supply Slope) and No. 2 (Old Belt
Slope).
Docket No.: M-97-092-C.
FR Notice: 62 FR 46379.
Petitioner: Peabody Coal Company.
Regulation Affected: 30 CFR 75.364.
Summary of Findings: Petitioner's proposal to monitor methane and
oxygen concentrations and the volume of air at the locations and
frequency specified in the petition; to have trained and certified
persons conduct the monitoring; and to record the results of the
monitoring in a book to be maintained on the surface of the mine
considered acceptable alternative method. Granted for the Camp No. 11
Mine with conditions.
Docket No.: M-97-128-C.
FR Notice: 63 FR 2698.
Petitioner: Jim Walter Resources, Inc.
Regulation Affected: 30 CFR 75.1002.
Summary of Findings: Petitioner's proposal to amend the Decision
and Order Granting Petition for Modification No. M-85-045-C is granted.
The Assistant Secretary had granted a modification of 30 C.F.R.
75.1002. The amendment states that where high-voltage cable that moves
during normal operation of the longwall is damaged to the extent that
any metallic component of the cable is damaged, the cable shall be
repaired and the outer jacket of such repair shall be vulcanized with
flame-resistant material. Granted for the No. 5 Mine with conditions.
Docket No.: M-97-129-C.
FR Notice: 63 FR 2698.
Petitioner: Jim Walter Resources, Inc.
Regulation Affected: 30 CFR 75.1002.
Summary of Findings: Petitioner's proposal to amend the Decision
and Order Granting Petition for Modification No. M-97-129-C is granted.
The Assistant Secretary had granted a modification of 30 CFR 75.1002.
The amendment states that where high-voltage cable that moves during
normal operation of the longwall is damaged to the extent that any
metallic component of the cable is damaged, the cable shall be repaired
and the outer jacket of such repair shall be vulcanized with flame-
resistant material. Granted for the No. 7 Mine with conditions.
Docket No.: M-97-148-C.
FR Notice: 63 FR 5972.
Petitioner: Mountain Coal Company.
Regulation Affected: 30 CFR 75.1002.
Summary of Findings: Petitioner's proposal to amend the Decision
and Order Granting Petition for Modification No. M-95-183-C is granted.
The Assistant Secretary had granted a modification of 30 CFR 75.1002.
The petitioner requests that stipulation No. 4 be revised to remove the
reference to permissible equipment and to clarify that only the non-
permissible equipment being used for purposes of the petition be
inspected weekly since the petition is to allow the use of non-
permissible equipment for testing and diagnostics purposes within 150
feet of pillar workings considered acceptable alternative method.
Granted for the No. 7 Mine with conditions.
[[Page 33326]]
Docket No.: M-94-166-C.
FR Notice: 59 FR 67735.
Petitioner: Energy West Mining Company.
Regulation Affected: 30 CFR 75.350.
Summary of Findings: Petitioner request amendments of specific
terms and conditions addressing the use of an early warning fire
detection system two entry longwall mining systems ventilated with belt
air considered acceptable alternative method. Amended for the Trail
Mountain Mine with conditions.
Docket No.: M-98-002-M.
FR Notice: 63 FR 41599.
Petitioner: Chemical Lime Company.
Regulation Affected: 30 CFR 56.6306.
Summary of Findings: Petitioner's proposal to load explosives to
within one hole of the hole being drilled during the drilling cycle of
overburden removal considered acceptable alternative method. Granted
for the O'Neal Quarry Mine with conditions.
Docket No.: M-98-004-M.
FR Notice: 63 FR 45866.
Petitioner: Hecla Mining Company.
Regulation Affected: 30 CFR 49.8(b).
Summary of Findings: Petitioner's proposal to conduct 5 10 hour
training sessions annually with a minimum of 12 \1/2\ hours spent under
oxygen considered acceptable alternative method. Granted for the
Rosebud Mine with conditions.
Docket No.: M-95-017-M.
FR Notice: 61 FR 8307.
Petitioner: Swenson Granite Company, Inc.
Regulation Affected: 30 CFR 56.19003.
Summary of Findings: Petitioner's proposal to amend the Decision
and Order Granting Petition for Modification No. M-95-17-M is granted.
The Assistant Secretary had granted a modification of 30 C.F.R.
56.19003. The petitioner requests that stipulation No. 4 be revised to
be in agreement with revised condition No. 2. Granted for the Gray
Quarry Mine with conditions.
Docket No.: M-94-042-M.
FR Notice: 59 FR 55298.
Petitioner: Specialty Minerals, Inc.
Regulation Affected: 30 CFR 56.13020.
Summary of Findings: Petitioner's proposal to establish blow-off
stations at various locations in the plant where employees can clean
their cloths with forced or compassed air that has an OSHA approved
nozzle with pressure not greater than 2 to 6 psi at normal average line
pressure considered acceptable alternative method. Granted for the
Marble Canyon Mine with conditions.
[FR Doc. 99-15874 Filed 6-21-99; 8:45 am]
BILLING CODE 1510-43-P
