[Federal Register Volume 64, Number 170 (Thursday, September 2, 1999)]
[Notices]
[Pages 48205-48207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22836]
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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 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: August 27, 1999.
Carol J. Jones,
Acting Director, Office of Standards, Regulations and Variances.
Affirmative Decisions on Petitions for Modification
Docket No.: M-99-014-C.
FR Notice: 64 FR 16761.
Petitioner: The Ohio Valley 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 Powhatan No. 6 Mine. MSHA grants
the petition for modification for the Powhatan No. 6 Mine with
conditions.
Docket No.: M-98-021-C.
FR Notice: 63 FR 18232.
Petitioner: Peabody Coal Company.
Regulation Affected: 30 CFR 75.364(a)(1).
Summary of Findings: Petitioner's proposal is to have a certified
person conduct weekly examinations at established evaluation points
immediately inby and outby the affected area to determine 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 Camp No. 1 Mine. MSHA grants the
petition for modification for the Camp No. 1 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 is to use 4,300 volt
cables on high-voltage longwall electric equipment used within 150 feet
from pillar workings (longwall gob). This is considered an acceptable
alternative method for the Mettiki Mine. MSHA grants the petition for
modification for the Mettiki Mine with conditions.
Docket No.: M-98-055-C.
FR Notice: 63 FR 44291.
Petitioner: Twentymile Coal Company.
Regulation Affected: 30 CFR 75.1002-1(a).
Summary of Findings: Petitioner's proposal is to measure the
thickness of the deck plate and related components on its longwall face
conveyor using a hand-held, double insulated 7.5 volt non-permissible
ultrasonic thickness gauge during idle shifts when mining is not
occurring; to deenergize all electrical equipment, except lighting, on
the longwall face and follow all appropriate lockout and tagout
procedures prior to using the gauge; and to have a certified person
examine for methane in the immediate area of the longwall face conveyor
and record the results, as a special examination, in the onshift
examination books after the shift on which the examination is
performed. This is considered an acceptable alternative method for the
Foidel Creek Mine. MSHA grants the petition for modification for the
Foidel Creek Mine with conditions.
Docket No.: M-98-057-C.
FR Notice: 63 FR 44291.
Petitioner: Blue Mountain Energy, Inc.
Regulation Affected: 30 CFR 75.1002-1(a).
Summary of Findings: Petitioner's proposal is to allow the use of
non-permissible electronic testing or diagnostic equipment within 150
feet of pillar workings. This is considered an acceptable alternative
method for the Deserado Mine. MSHA grants the petition for modification
for the Deserado Mine with conditions.
Docket No.: M-98-066-C.
FR Notice: 63 FR 44292.
Petitioner: G and A Coal Company, Inc.
Regulation Affected: 30 CFR 75.350.
Summary of Findings: Petitioner's proposal is to use belt air to
ventilate the working faces; to install carbon monoxide monitoring
devices to monitor the air at each belt drive and tailpiece and at
intervals not to exceed 2,000 feet along each conveyor belt entry; to
have an audible alarm that would sound at the surface master station
and that would give the location and type of alarm on a computer screen
located at the surface master station, and the alarm system would be
capable of giving a warning of a fire for a minimum of four (4) hours
after the power to the belt is removed, except when the power is
removed during a fan stoppage or the belt haulageway is examined. This
is considered an acceptable alternative method for the No. 1 Mine. MSHA
grants the petition for modification for the No. 1 Mine with
conditions.
Docket No.: M-98-067-C.
FR Notice: 63 FR 45865.
Petitioner: Mettiki Coal Corporation.
Regulation Affected: 30 CFR 75.500(b)
Summary of Findings: Petitioner's proposal is to allow non-
permissible hand-held, battery-powered drills and non-permissible
electronic testing and diagnostic equipment to be taken into or used
inby the last open crosscut. This is considered an acceptable
alternative method for the Mettiki Mine. MSHA grants the petition for
modification for the Mettiki Mine with conditions.
Docket No.: M-98-080-C.
FR Notice: 63 FR 50603.
Petitioner: Mettiki Coal Corporation.
Regulation Affected: 30 CFR 75.1002-1(a).
Summary of Findings: Petitioner's proposal is to use non-
permissible low
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horsepower testing and diagnostic equipment within 150 feet from pillar
workings. This is considered an acceptable alternative method for the
Mettiki Mine. MSHA grants the petition for modification for the Mettiki
Mine with conditions.
Docket No.: M-98-081-C.
FR Notice: 63 FR 58430.
Petitioner: U.S. Steel Mining Company, LLC.
Regulation Affected: 30 CFR 75.503.
Summary of Findings: Petitioner's proposal is to use permanently
installed spring-loaded locking devices on battery plugs on battery-
powered equipment instead of using padlocks. This is considered an
acceptable alternative method for the Gary No. 50 Mine. MSHA grants the
petition for modification for the Gary No. 50 Mine with conditions.
Docket No.: M-98-085-C.
FR Notice: 63 FR 58431.
Petitioner: Rustler Coal Company.
Regulation Affected: 30 CFR 75.340.
Summary of Findings: Petitioner's proposal is for an underground
battery charging station in the intake (gangway) entry. This is
considered an acceptable alternative method for the Orchard Slope Mine.
MSHA grants the petition for modification for the Orchard Slope Mine
with conditions.
Docket No.: M-98-087-C.
FR Notice: 63 FR 58070.
Petitioner: Headache Coal Company, Inc.
Regulation Affected: 30 CFR 75.380(f)(4).
Summary of Findings: Petitioner's proposal is to install two 10
pound portable chemical fire extinguishers in the operators deck or in
the scoop of each Mescher Tractor at the mine instead of a fire
suppression system. This is considered an acceptable alternative method
for the Roses Creek Mine. MSHA grants the petition for modification for
the Roses Creek Mine with conditions.
Docket No.: M-98-089-C.
FR Notice: 63 FR 64103.
Petitioner: Consolidation Coal Company.
Regulation Affected: 30 CFR 75.503.
Summary of Findings: Petitioner's proposal is to increase the
maximum length of their trailing cables to 1,000 feet for the mining
machine, loading machine, shuttle car, roof bolter, and the section
ventilation fan while developing longwall panels. This is considered an
acceptable alternative method for the Loveridge No. 22 Mine. MSHA
grants the petition for modification for the Loveridge No. 22 Mine with
conditions.
Docket No.: M-98-099-C.
FR Notice: 64 FR 2520.
Petitioner: M & M Anthracite Coal Company.
Regulation Affected: 30 CFR 75.1400.
Summary of Findings: Petitioner's proposal is to use a slope
conveyance (gunboat) in transporting persons using increased rope
strength/safety factor and secondary safety rope connection in place of
safety catches or other devices. This is considered an acceptable
alternative method for the L.V. No. 3 Vein Slope Mine. MSHA grants the
petition for modification for the L.V. No. 3 Vein Slope Mine with
conditions.
Docket No.: M-98-110-C.
FR Notice: 64 FR 2519.
Petitioner: Eastern Association Coal Corp.
Regulation Affected: 30 CFR 75.503.
Summary of Findings: Petitioner's proposal is to use a threaded
ring and spring-loaded device instead of a padlock on the battery plug
connectors for mobile battery-powered machines to prevent the plug
connector from accidently disengaging while under load. This is
considered an acceptable alternative method for the Harris No. 1 Mine.
MSHA grants the petition for modification for the Harris No. 1 Mine
with conditions.
Docket No.: M-98-111-C.
FR Notice: 64 FR 2519.
Petitioner: The Ohio Valley Coal Company.
Regulation Affected: 30 CFR 75.1002.
Summary of Findings: Petitioner's proposal is to amend the Decision
and Order Granting Petition for Modification No. M-87-169-C to provide
for the use of a high voltage shearer in the Powhatan No. 6 Mine.
Petition No. M-87-169-C only addressed the use of a high voltage face
conveyor. MSHA has determined that this is an acceptable alternative
method for the Powhatan No. 6 Mine and grants the petition for
modification with conditions. In granting this petition for
modification with conditions, MSHA has modified the terms of the
previously granted petition to include the same protection to miners as
is provided in other recent modifications.
The petitioner represents that exceptional circumstances exist that
would result in significant economic loss if the petition were not
granted. MSHA has also determined that delaying the effective date
would unnecessarily disrupt mining and cause dislocation of the work
force. MSHA grants Petitioner's application for relief to give effect.
Docket No.: M-98-112-C.
FR Notice: 64 FR 2519.
Petitioner: G & S Coal Company.
Regulation Affected: 30 CFR 75.1100-2.
Summary of Findings: Petitioner's proposal is to use only portable
fire extinguishers to replace existing requirements where rock dust,
water cars, and other water storage are not practical. This is
considered an acceptable alternative method. MSHA grants the petition
for modification for the G & S Mine with conditions.
Docket No.: M-98-114-C.
FR Notice: 64 FR 2519.
Petitioner: Snyder Coal Company.
Regulation Affected: 30 CFR 75.1202-1(a).
Summary of Findings: Petitioner's proposal is to revise and
supplement mine maps annually instead of every 6 months, as required,
and to update maps daily by hand notations. This is considered an
acceptable alternative method for the N and L Slope Mine. MSHA grants
the petition for modification for the N and L Slope Mine with
conditions.
Docket No.: M-97-096-C.
FR Notice: 62 FR 51910.
Petitioner: Peabody Coal Company.
Regulation Affected: 30 CFR 75.364(b)(4).
Summary of Findings: Petitioner's proposal is to establish fixed
evaluation points in lieu of traveling certain portions of the air
course during weekly examination; and to have a certified person
examine these 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 Camp No. 1 Mine. MSHA grants the petition for
modification for the Camp No. 1 Mine with conditions.
Docket No.: M-97-101-C.
FR Notice: 62 FR 51908.
Petitioner: McElroy Coal Company.
Regulation Affected: 30 CFR 75.312(c) and (d).
Summary of Findings: The Petitioner has filed two petitions:
Petition Docket No. M-97-101-C, seeking to modify Sec. 75.312(c); and
M-97-112-C, seeking to modify Sec. 75.312(d). Sections 75.312(c) and
75.312(d) require a fan shutdown to test the fan stoppage signal and
the air-reversal-prevention doors. MSHA has elected to dismiss Docket
No. M-97-112-C and combine petitioner's request in Docket No. M-97-101-
C. The Petitioner's proposes an alternate method of performing the
tests without shutting down the fan(s) and without removing the miners
from the mine. The alternative method proposes is considered acceptable
for the McElroy Mine. MSHA grants the petition for modification with
conditions.
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Docket No.: M-97-106-C.
FR Notice: 62 FR 51909.
Petitioner: Mark P. Shingara Coal Company.
Regulation Affected: 30 CFR 75.1200(d) and (i).
Summary of Findings: Petitioner's proposal is 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 tunnel. This is considered an
acceptable alternative method for the No. 4 Vein Slope Mine. MSHA
grants the petition for modification for the No. 4 Vein Slope Mine with
conditions.
Docket No.: M-97-107-C.
FR Notice: 62 FR 51909.
Petitioner: Mark P. Shingara Coal Company.
Regulation Affected: 30 CFR 75.1202-1(a).
Summary of Findings: Petitioner's proposal is to revise and
supplement mine maps annually instead of every 6 months, as required,
and to update maps daily by hand notations. This is considered an
acceptable alternative method for the No. 4 Vein Slope Mine. MSHA
grants the petition for modification for the No. 4 Vein Slope Mine with
conditions.
Docket No.: M-97-136-C.
FR Notice: 63 FR 2699.
Petitioner: Jim Walter Resources, Inc.
Regulation Affected: 30 CFR 75.1002.
Summary of Findings: The Petitioner is operating under a previously
granted modification, Docket No. M-93-209-C. Petitioner requests that
paragraph 13 of the previous petition be amended to allow damaged high
voltage cable to be repaired in the mine. MSHA considers this an
acceptable alternative method at the No. 3 Mine. MSHA grants the
petition with conditions, including the amendment of other provisions
of high voltage longwall petition Docket No. M-93-209-C.
[FR Doc. 99-22836 Filed 9-1-99; 8:45 am]
BILLING CODE 4510-43-P
