[Federal Register: September 19, 2003 (Volume 68, Number 182)]
[Notices]
[Page 54917-54920]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19se03-92]
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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 CONTACT: Petitions and copies of the final
decisions are available for examination by the public in the Office of
Standards, Regulations, and Variances, MSHA, 1100 Wilson Boulevard,
Room 2352, Arlington, Virginia 22209. Contact Barbara Barron at 202-
693-9447.
Dated at Arlington, Virginia this 12th day of September 2003.
Marvin W. Nichols, Jr.,
Director, Office of Standards, Regulations, and Variances.
Affirmative Decisions on Petitions for Modification
Docket No.: M-2001-109-C.
FR Notice: 66 FR 67550.
Petitioner: Elk Run Coal Company, Inc.
Regulation Affected: 30 CFR 75.364(b)(2).
Summary of Findings: Petitioner's proposal is to conduct weekly
evaluations in certain areas of the return air course to measure the
quantity and quality of air at 3 monitoring stations using hand-held
gas detection devices and anemometers due to severe
[[Page 54918]]
deterioration and roof falls. The petitioner asserts that conducting
weekly examinations by traveling the affected area in its entirety
would be unsafe and would cause a diminution of safety to the examiner.
This is considered an acceptable alternative method for the Black King
I North Portal. MSHA grants the petition for modification for the
unsafe-to-travel segment (approximately 4,750 feet) of the South Mains
return entries to outcrop for the Black King I North Portal with
conditions.
Docket No.: M-2001-124-C.
FR Notice: 67 FR 6754.
Petitioner: Warrior Coal, LLC.
Regulation Affected: 30 CFR 75.350.
Summary of Findings: Petitioner's proposal is to use belt air to
ventilate working faces and use the same monitoring system to identify
the location of a detected fire by sensor location rather than by belt
flight. This is considered an acceptable alternative method for the
Cardinal Mine. MSHA grants the petition for modification to allow air
coursed through conveyor belt haulage entries to be used to ventilate
active working places for the Cardinal Mine with conditions.
Docket No.: M-2002-011-C.
FR Notice: 67 FR 13197.
Petitioner: Hobet Mining, Inc.
Regulation Affected: 30 CFR 77.206(c).
Summary of Findings: Petitioner's proposal is to use a SAF-T-CLIMB
fall prevention system on its counterweight tower structure for the
overland system and the Beth Station No. 9 Preparation Plant in lieu of
using a vertical ladder. This is considered an acceptable alternative
method for the Beth Station No. 79 Preparation Plant. MSHA grants the
petition for modification for the use of SAF-T-CLIMB or other
equivalent fall prevention system at every permanently attached
vertical ladder used at counterweight towers during maintenance work on
the overland conveyor system for use at the Beth Station No. 79
Preparation Plant with conditions.
Docket No.: M-2002-053-C.
FR Notice: 67 FR 49966.
Petitioner: Perry County Coal Corporation.
Regulation Affected: 30 CFR 75.364(b)(1).
Summary of Findings: Petitioner's proposal is to relocate approved
check points 9A and 9B in the intake of the Southeast Mains one break
outby the No. 9 entry of the Roll Mains and establish one new check
point (examination point) 10A in the return of the Southeast Mains in
the No. 1 Entry located at the 44 Seals, six break inby the No. 1 Head
Drive. The petitioner proposes to establish air measurement stations at
locations that would allow effective evaluation of ventilation in the
areas affected by deteriorating roof and rib conditions and have a
certified person evaluate these stations on a weekly basis. The
petitioner requested a modification of existing standard 30 CFR
75.364(b)(2). After further review of this petition, it was determined
that modification should be for existing standard 30 CFR 75.364(b)(1).
This is considered an acceptable alternative method for the HZ4-1 Mine.
MSHA grants the petition for modification for use at the HZ4-1 Mine
with conditions.
Docket No.: M-2002-054-C.
FR Notice: 67 FR 49966.
Petitioner: Titan Mining, Inc.
Regulation Affected: 30 CFR 75.503 (18.41(f) of Part 18).
Summary of Findings: Petitioner's proposal is to use a spring-
loaded locking device with specific fastening characteristics in lieu
of a padlock to secure plugs and electrical type connectors to
batteries and to the permissible mobile powered equipment the batteries
serve, to prevent accidental separation of the battery plugs from their
receptacles during normal operation of the battery equipment. This is
considered an acceptable alternative method for the Laurel Fork Deep
Mine. MSHA grants the petition for modification for use at the Laurel
Fork Deep Mine with conditions.
Docket No.: M-2002-062-C.
FR Notice: 67 FR 54675.
Petitioner: Buck Mountain Coal Company.
Regulation Affected: 30 CFR 75.1002(a).
Summary of Findings: Petitioner's proposal is to use non-
permissible electric equipment within 150 feet of the pillar line. This
equipment would include drags and battery locomotives due in part to
the method of mining used in pitching anthracite mines and the
alternative evaluation of the mine air quality for methane on an hourly
basis during operation. This is considered an acceptable alternative
method for the Buck Mountain Slope Mine. MSHA grants the petition for
modification for the Buck Mountain Slope Mine with conditions.
Docket No.: M-2002-072-C.
FR Notice: 67 FR 59317.
Petitioner: Snyder Coal Company.
Regulation Affected: 30 CFR 75.1002(a).
Summary of Findings: Petitioner's proposal is to use non-
permissible electric equipment within 150 feet of the pillar line. This
equipment would include drags and battery locomotives due in part to
the method of mining used in pitching anthracite mines and the
alternative evaluation of the mine air quality for methane on an hourly
basis during operation. This is considered an acceptable alternative
method for the Rattling Run Slope Mine. MSHA grants the petition for
modification for the Rattling Run Slope Mine with conditions.
Docket No.: M-2002-082-C.
FR Notice: 67 FR 66168.
Petitioner: Speed Mining, Inc.
Regulation Affected: 30 CFR 75.1700.
Summary of Findings: Petitioner's proposal is to amend its previous
petition docket number M-2001-041-C. The petitioner proposes to drill
out each of the oil wells as already specified in its previous
petition; pump the expandable cement to the bottom of the lowest
minable seam (Eagle) and pump Portable Class ``A'' cement on top of the
expandable plug to the next Powellton Seam which is approximately 117
feet above, and is the anticipated area for broken strata due to
subsidence. The petitioner will leave the area from the Powellton Seam
to the surface open for release of methane from the longwall gob after
the longwall has intersected the well. This is considered an acceptable
alternative method for the American Eagle Mine. MSHA grants the
petition for modification for mining through or near (whenever the
safety barrier diameter is reduced to a distance less than the District
Manager would approve pursuant to Section 75.1700) plugged oil or gas
wells penetrating the Eagle Coal Seam and other minable coal seams
using continuous miners, conventional mining or longwall mining methods
at the American Eagle Mine with conditions.
Docket No.: M-2002-092-C.
FR Notice: 67 FR 71988.
Petitioner: Mountain Side Coal Company.
Regulation Affected: 30 CFR 49.2(b).
Summary of Findings: Petitioner's proposal is to provide two mine
rescue teams, each consisting of three members and one alternate to
provide coverage for both teams at the Mountain Side Mine. The
petitioner will provide a total of seven mine rescue team members. This
is considered an acceptable alternative method for the Mountain Side
Mine. MSHA grants the petition for modification for the Mountain Side
Mine with conditions.
Docket No.: M-2002-093-C.
FR Notice: 67 FR 71988.
Petitioner: Mountain Side Coal Company.
[[Page 54919]]
Regulation Affected: 30 CFR 75.335(a)(1).
Summary of Findings: Petitioner's proposal is to use 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.
This is considered an acceptable alternative method for the Mountain
Side Mine. MSHA grants the petition for modification for seals
installed in the Mountain Side Mine with conditions.
Docket No.: M-2002-094-C.
FR Notice: 67 FR 71988.
Petitioner: Mountain Side Coal Company.
Regulation Affected: 30 CFR 75.1100-2(a)(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 equipped with three (3) ten quart
pails is not practical, and to use two (2) portable fire extinguishers
near the slope bottom and an additional portable fire extinguisher
within 500 feet of the working for equivalent fire protection. This is
considered an acceptable alternative method for the Mountain Side Mine.
MSHA grants the petition for modification for firefighting equipment in
the working section at the Mountain Side Mine with conditions.
Docket No.: M-2002-098-C.
FR Notice: 67 FR 71989.
Petitioner: Mountain Side Coal Company.
Regulation Affected: 30 CFR 75.1400.
Summary of Findings: Petitioner's proposal is to use a slope
conveyance (gunboat) for transporting persons without installing safety
catches or other no less effective devices. The petitioner instead
proposes to use increased rope strength and secondary safety rope
connections in place of such devices. This is considered an acceptable
alternative method for the Mountain Side Mine. MSHA grants the petition
for modification for use of the hoist conveyance (gunboat) without
safety catches at the Mountain Side Mine with conditions.
Docket No.: M-2002-113-C.
FR Notice: 68 FR 1484.
Petitioner: Monterey Coal Company.
Regulation Affected: 30 CFR 75.350.
Summary of Findings: Petitioner's proposal is to use belt air to
ventilate working places from a location inby the furthest inby
conveyor drive for the remaining length of the panels. The petitioner
proposes to install a carbon monoxide monitoring system as an early
warning fire detection system in all belt entries used to course intake
air to a working place. This is considered an acceptable alternative
method for the No. 1 Mine. MSHA grants the petition for modification to
allow air coursed through conveyor belt haulage entries to be used to
ventilate active working places in longwall development sections and in
retreating longwall panels, from a location inby the furthest inby
conveyor drive for the remaining length of the development section or
retreating panel for the No. 1 Mine with conditions.
Docket No.: M-2002-117-C.
FR Notice: 68 FR 1485.
Petitioner: Energy West Mining Company.
Regulation Affected: 30 CFR 75.901(a).
Summary of Findings: Petitioner's proposal is to request a
modification of the standard to allow the electrical grounding
requirements for portable diesel-driven electric generators to be
waived based on the use of ground fault detection, ground wire
monitoring, and other circuit protection means, such as short circuit,
over-current and undervoltage protection. This is considered an
acceptable alternative method for the Deer Creek Mine. MSHA grants the
petition for modification for use of the 200 KW/250 KVA, 480-volt,
diesel powered generator (DPG) set to supply power to three-phase 480-
volt and 995-volt power circuits to move mobile equipment around the
mine and to provide temporary power to mobile equipment and pumps in
outby locations for the Deer Creek Mine with conditions.
Docket No.: M-2002-119-C.
FR Notice: 68 FR 1485.
Petitioner: H & M Coal Company.
Regulation Affected: 30 CFR 49.2(b).
Summary of Findings: Petitioner's proposal is to provide two mine
rescue teams, each consisting of three members and one alternate to
provide coverage for both teams at the Rocky Top Mine. The petitioner
will provide a total of seven mine rescue team members. This is
considered an acceptable alternative method for the Rocky Top Mine.
MSHA grants the petition for modification for the Rocky Top Mine with
conditions.
Docket No.: M-2002-120-C.
FR Notice: 68 FR 1485.
Petitioner: H & M Coal Company.
Regulation Affected: 30 CFR 75.1100-2(a).
Summary of Findings: Petitioner's proposal to use portable fire
extinguishers only to replace existing requirements where rock dust,
water cars, and other water storage equipped with three (3) ten quart
pails is not practical. The petitioner proposes to use two (2) portable
fire extinguishers near the slope bottom, and an additional portable
fire extinguisher within 500 feet of the working face for equivalent
fire protection for the Rocky Top Mine. This is considered an
acceptable alternative method for the Rocky Top Mine. MSHA grants the
petition for modification for firefighting equipment in the working
section at the Rocky Top Mine with conditions.
Docket No.: M-2002-121-C.
FR Notice: 68 FR 1485.
Petitioner: H & M 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. The petitioner also proposes to limit
the required mapping of the mine workings above and below to those
present within 100 feet of the vein being mined except those veins that
are interconnected to other veins beyond the 100-foot limit through
rock tunnels. This is considered an acceptable alternative method for
the Rocky Top Mine. MSHA grants the petition for modification for use
at the Rocky Top Mine with conditions.
Docket No.: M-2002-122-C.
FR Notice: 68 FR 1486.
Petitioner: H & M Coal Company.
Regulation Affected: 30 CFR 75.1202 and 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 Rocky Top Mine. MSHA grants the
petition for modification for annual revisions and supplements of the
mine map at the Rocky Top Mine with conditions.
Docket No.: M-2002-123-C.
FR Notice: 68 FR 3897.
Petitioner: Double M Mining, Inc.
Regulation Affected: 30 CFR 77.214(a).
Summary of Findings: Petitioner's proposal is to cover the coal
seam with inert material, backfill and eliminate the highwall with
refuse on a 2 to 1 slope and cover with soil in order to reclaim the
site where face up and the adjacent areas of the mine have been augered
and now needs to be reclaimed. This is
[[Page 54920]]
considered an acceptable alternative method for the Auger 2
Mine. MSHA grants the petition for modification for the Auger
2 Mine with conditions.
Docket No.: M-2003-002-C.
FR Notice: 68 FR 3898.
Petitioner: KenAmerican Resources, Inc.
Regulation Affected: 30 CFR 75.1909(b)(6).
Summary of Findings: Petitioner's proposal is to limit the speed of
its diesel graders to 20 miles per hour (mph), and train the grader
operators in the proper techniques for lowering the blade to provide
additional stopping capability in emergency situations, in lieu of
using front wheel brakes on the DAPCO, Serial No. 001 grader powered by
a Deutz diesel engine Model BF4M1012EC. The grader(s) has six
wheels and are used at the Paradise No. 9 Mine. This is considered an
acceptable alternative method for the Paradise No. 9 Mine. MSHA grants
the petition for modification for use at the Paradise No. 9 Mine with
conditions.
Docket No.: M-2003-008-C.
FR Notice: 68 FR 8050.
Petitioner: Ken American Resources, Inc.
Regulation Affected: 30 CFR 75.519-1(b).
Summary of Findings: Petitioner's proposal is to move its
disconnecting switch to the main travelway in the 2nd crosscut from the
slope bottom in lieu of installing a disconnecting switch underground
within 500 feet of the bottom of the borehole. This is considered an
acceptable alternative method for the Paradise No. 9 Mine. MSHA grants
the petition for modification for the distance of the disconnecting
switch from the bottom of the shaft or borehole for use at the Paradise
No. 9 Mine with conditions.
Docket No.: M-2003-009-C.
FR Notice: 68 FR 8050.
Petitioner: Alfred Brown Coal Company.
Regulation Affected: 30 CFR 49.2(b).
Summary of Findings: Petitioner's proposal is to provide two mine
rescue teams, each consisting of three members and one alternate to
provide coverage for both teams at the 7 Ft. Slope Mine. The petitioner
will provide a total of seven mine rescue team members. This is
considered an acceptable alternative method for the 7 Ft. Slope Mine.
MSHA grants the petition for modification for the 7 Ft. Slope Mine with
conditions.
Docket No.: M-2003-010-C.
FR Notice: 68 FR 10048.
Petitioner: Jim Walter Resources, Inc.
Regulation Affected: 30 CFR 75.1002.
Summary of Findings: Petitioner's proposal is to use a 2,400-volt
power center with a high-voltage trailing cable to power a continuous
miner inby the last open crosscut and within 150 feet of pillar
workings. This is considered an acceptable alternative method for the
No. 7 Mine. MSHA grants the petition for modification for use of the
2,400-volt high-voltage continuous miner(s) at the No. 7 Mine with
conditions.
Docket No.: M-2003-014-C.
FR Notice: 68 FR 15244.
Petitioner: Lodestar Energy Incorporated.
Regulation Affected: 30 CFR 75.1101-1(b).
Summary of Findings: Petitioner's proposal is to have a trained
person conduct a weekly visual examination and a functional test on
each deluge-type fire suppression system installed at conveyor belt
drives in lieu of using blow-off dust covers for nozzles. The
petitioner proposes to actuate the water system and observe its
performance to ensure that nozzles are not blocked. This is considered
an acceptable alternative method for the Baker Mine. MSHA grants the
petition for modification for the Baker Mine with conditions.
Docket No.: M-2003-019-C.
FR Notice: 68 FR 15245.
Petitioner: Maple Creek Mining, Inc.
Regulation Affected: 30 CFR 75.1400(e).
Summary of Findings: Petitioner's proposal is to use an electric
slope hoist to transport miners in and out of the mine. This is
considered an acceptable alternative method for the High Quality Mine.
On April 8, 2003, MSHA grants the petition for modification for a
period ending twelve months from the effective date of the Proposed
Decision and Order for the High Quality Mine with conditions. MSHA
grants Application for Relief to Give Effect to April 7, 2003.
Docket No.: M-2003-020-C.
FR Notice: 68 FR 15245.
Petitioner: Highland Mining Company.
Regulation Affected: 30 CFR 75.1909(b)(6).
Summary of Findings: Petitioner's proposal is to use a Getman
diesel grader underground with only rear wheel brakes at the Highland 9
Mine in lieu of using front wheel brakes. The petitioner proposes to
limit the diesel grader speed to a maximum of 10 miles per hour and
train the operators on proper procedures to use if the brakes on the
grader fail. This is considered an acceptable alternative method for
the Highland 9 Mine. MSHA grants the petition for modification for the
Getman RDG-1504S Diesel Road Grader, Serial No. 6323, Powered by a Cat
3306PCNA 150 Horsepower diesel engine with 6 wheels for use at the
Highland 9 Mine with conditions.
Docket No.: M-2003-021-C.
FR Notice: 68 FR 16311.
Petitioner: HB Coal Company, Inc.
Regulation Affected: 30 CFR 75.342.
Summary of Findings: Petitioner's proposal is to use a hand-held
continuous multi-gas detector, which detects oxygen, methane, and
carbon monoxide for the three wheel tractors (Mescher tractors) in lieu
of using a machine-mounted methane monitor. This is considered an
acceptable alternative method for the No. 1 Mine. MSHA grants the
petition for modification for the Mescher permissible three-wheel
battery-powered tractors used to load coal at the No. 1 Mine with
conditions.
Docket No.: M-2003-022-C.
FR Notice: 68 FR 16311.
Petitioner: HB Coal Company, Inc.
Regulation Affected: 30 CFR 75.380(f)(4)(i).
Summary of Findings: Petitioner's proposal is to use two ten-pound
portable chemical fire extinguishers in the operator's deck of each
Mescher tractor operated at the No. 1 Mine. The petitioner also
proposes to instruct the equipment operator to inspect each fire
extinguisher on a daily basis prior to entering the primary escapeway
and maintain a record of the daily inspection at the mine. The
petitioner further proposes to maintain a sufficient number of spare
fire extinguishers at the mine in case a defective fire extinguisher is
detected. This is considered an acceptable alternative method for the
No. 1 Mine. MSHA grants the petition for modification for the Mescher
three wheel tractors to be operated in the primary intake escapeway at
the No. 1 Mine with conditions.
[FR Doc. 03-23910 Filed 9-18-03; 8:45 am]
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