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MSHA - Petitions for Modification

[Federal Register: October 26, 1999 (Volume 64, Number 206)]
[Page 57659-57661]

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 where required 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: October 18, 1999.
Carol J. Jones,
Acting Director, Office of Standards, Regulations and Variances.

Affirmative Decisions on Petitions for Modification



Docket No.: M-99-005-C.
Docket No.: 64 FR 12183.
Petitioner: Canyon Fuel Company, LLC.
Regulation Affected: 30 CFR 75.1101-8.
Summary of Findings: Petitioner's proposal is to use an alternative method of arranging its sprinkler system using a single overhead pipe sprinkler system. This is considered an acceptable alternative method for the Dugout Canyon Mine, with conditions. MSHA grants the petition for modification for the Dugout Canyon Mine with conditions.


Docket No.: M-99-008-C.
Docket No.: 64 FR 16760.
Petitioner: Consol of Kentucky, Inc.
Regulation Affected: 30 CFR 75.1101-8.
Summary of Findings: Petitioner's proposal is to use an alternative method of arranging its sprinkler system using a single overhead pipe sprinkler system. This is considered an acceptable

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alternative method for the Big Springs El Mine, with conditions. MSHA grants the petition for modification for the Big Springs El Mine with conditions.

Docket No.: M-99-009-C.
Docket No.: 64 FR 16760.
Petitioner: KenAmerican Resources, Inc.
Regulation Affected: 30 CFR 75.503.
Summary of Findings: Petitioner's proposal is to use a spring- loaded device with specific fastening characteristics instead of padlocks to secure plugs and electrical type connectors to batteries and to the permissible mobile powered equipment the batteries serve. The spring-loaded device configuration in lieu of a padlock configuration does not apply to the use of padlocks in controlling accessibility in the lockout and tagout requirements of 30 CFR 75.511. This limited application is considered an acceptable alternative method for the Paradise No. 9 Mine, with conditions. MSHA grants the petition for modification for the Paradise No. 9 Mine with conditions.

Docket No.: M-99-013-C.
Docket No.: 64 FR 16761.
Petitioner: Consolidation Coal Company.
Regulation Affected: 30 CFR 75.1002-1(a).
Summary of Findings: Petitioner's proposal is to use high-voltage (4,160 volt) cables to supply power to its longwall mining system inby the last open crosscut. This is considered an acceptable alternative method for the Rend Lake Mine, with conditions. MSHA grants the petition for modification for the Rend Lake Mine with conditions.

Docket No.: M-99-016-C.
Docket No.: 64 FR 23873.
Petitioner: Consolidation 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 Rend Lake Mine, with conditions. MSHA grants the petition for modification for the Rend Lake Mine with conditions.

Docket No.: M-99-019-C.
Docket No.: 64 FR 23874.
Petitioner: K and B Coal, Inc.
Regulation Affected: 30 CFR 75.503.
Summary of Findings: Petitioner's proposal is to use permanently installed spring-loaded locking devices on its mobile battery-powered machines instead of a padlock to prevent unintentional loosening of battery plugs from battery receptacles to eliminate the hazards associated with difficult removal of padlocks during emergency situations. The spring-loaded device configuration in lieu of a padlock configuration does not apply to the use of padlocks in controlling accessibility in the lockout and tagout requirements of 30 CFR 75.511. This limited application is considered an acceptable alternative method for the Mine No. 1, with conditions. MSHA grants the petition for modification for the Mine No. 1 with conditions.

Docket No.: M-99-025-C.
Docket No.: 64 FR 25518.
Petitioner: Eighty-Four Mining Company.
Regulation Affected: 30 CFR 75.503.
Summary of Findings: Petitioner's proposal is to increase the maximum lengths of the trailing cables to 900 feet for the mining machine, loading machine, shuttle car, roof bolter, and section ventilation fan. The petitioner also states that the trailing cable would not be smaller than #4 A.W.G. for the section ventilation fan, roof bolting machine, and shuttle cars, smaller than #2 A.W.G. for the loading machine, or smaller than #2/0 A.W.G. for the continuous mining machine. This proposal, as amended by MSHA recommendations, is considered an acceptable alternative method for the Mine 84, with conditions. MSHA grants the petition for modification for the Mine 84 with conditions.

Docket No.: M-98-019-C.
Docket No.: 63 FR 18232.
Petitioner: Energy West Mining Company.
Regulation Affected: 30 CFR 75.350.
Summary of Findings: The Petitioner is operating under a previously granted modification, docket number M-94-166-C, granting the use of belt air in a two entry mining system, as amended. Petitioner requests that the term and condition I.(v) prohibiting the installation of hydraulic fluid pumping stations in the two entry longwall panel be changed. Petitioner had earlier petitioned to use non-Part 36 approved diesel equipment. Petitioner's request regarding the installation of hydraulic fluid pumping stations in the two entry longwall panel has previously been granted. Now, the petition is amended to use non-Part 36 approved diesel equipment. This is considered an acceptable alternative method for the Trail Mountain Mine, with conditions. MSHA grants the petition for modification for the Trail Mountain Mine with conditions.

Docket No.: M-98-020-C.
Docket No.: 63 FR 18232.
Petitioner: Energy West Mining Company.
Regulation Affected: 30 CFR 75.352.
Summary of Findings: The Petitioner is operating under a previously granted modification, docket number M-94-167-C to use a belt conveyor in a return aircourse during development of two entry mining systems at the Trail Mountain Mine. Petitioner requests that the term and condition I.(v) prohibiting the installation of hydraulic fluid pumping stations in the two entry longwall panel be changed. Petitioner had earlier petitioned to use non-Part 36 approved diesel equipment. Petitioner's request regarding the installation of hydraulic fluid pumping stations in the two entry longwall panel has previously been granted. Now, the petition is amended to use non-Part 36 approved diesel equipment. This is considered an acceptable alternative method for the Trail Mountain Mine, with conditions. MSHA grants the petition for modification for the Trail Mountain Mine with conditions.

Docket No.: M-98-069-C.
Docket No.: 63 FR 45865.
Petitioner: Arclar Company.
Regulation Affected: 30 CFR 75.503.
Summary of Findings: Petitioner's proposal is to use a locking screw threaded through a steel bracket or a spring-loaded device configuration instead of padlocks to lock battery plugs to machine- mounted battery receptacles on permissible, mobile, battery-powered machines. The allowance of a locking screw or spring-loaded configuration in lieu of a padlock configuration does not apply to padlocks in the lockout and tagout requirements of 30 CFR 75.511. This limited application is considered an acceptable alternative method for the Big Ridge Mine Portal No. 2, with conditions. MSHA grants the petition for modification for the Big Ridge Mine Portal No. 2 with conditions.

Docket No.: M-98-096-C.
Docket No.: 63 FR 64104.
Petitioner: Mettiki Coal Corporation.
Regulation Affected: 30 CFR 75.1100-2(e)(2).
Summary of Findings: Petitioner's proposal is to permit provision of two portable fire extinguishers at each temporary electrical installation. Petitioner also proposes to store at each temporary electrical installation two multipurpose, dry chemical, portable fire extinguishers, each having at least a minimum capacity of 10 pounds of dry powder. This is considered an acceptable alternative method for the Mettiki Mine, with conditions. MSHA grants the petition for modification for the Mettiki Mine with conditions.

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Docket No.: M-98-104-C.
Docket No.: 64 FR 2521.
Petitioner: U.S. Steel Mining Company, LLC.
Regulation Affected: 30 CFR 75.1002.
Summary of Findings: Petitioner's proposal is to use 4,160 volt cables to supply power to permissible longwall equipment. This is considered an acceptable alternative method for the Gary No. 50 Mine, with conditions. MSHA grants the petition for modification for the Gary No. 50 Mine with conditions.

Docket No.: M-98-105-C.
Docket No.: 64 FR 2521.
Petitioner: Windsor Coal Company.
Regulation Affected: 30 CFR 75.364(b)(1).
Summary of Findings: Petitioner's proposal is to establish evaluation points to monitor the air and gas measurements in the affected area; to maintain the evaluation points in safe conditions; to have a certified person test for methane and the quality and quantity of air at both evaluation points; and to have the person making the examinations and test place their initials, date, and time at the evaluation points and in a book on the surface made available for interested persons. This is considered an acceptable alternative method for the Windsor Mine, with conditions. MSHA grants the petition for modification for the Windsor Mine with conditions.

Docket No.: M-98-113-C.
Docket No.: 64 FR 2519.
Petitioner: White County Coal Corporation.
Regulation Affected: 30 CFR 75.503.
Summary of Findings: Petitioner's proposal is to use a spring- loaded device with specific fastening characteristics in lieu of a padlock with its fastening configuration to secure plugs and electrical type connectors to batteries and to the permissible mobile powered equipment the batteries serve. This is considered an acceptable alternative method for the Pattiki Mine, with conditions. MSHA grants the petition for modification for the Pattiki Mine with conditions.

Docket No.: M-97-147-C.
Docket No.: 63 FR 5971.
Petitioner: Jim Walter Resources, Inc.
Regulation Affected: 30 CFR 75.364(b)(2).
Summary of Findings: Petitioner's proposal is to establish evaluation points inby and outby the deteriorating return of the mine, and to have a certified person examine the 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 No. 3 Mine, with conditions. MSHA grants the petition for modification for the No. 3 Mine with conditions.

Docket No.: M-91-003-M.
Docket No.: 56 FR 23941.
Petitioner: Tg Soda Ash, Inc.
Regulation Affected: 30 CFR 57.22305.
Summary of Findings: Petitioner's proposal is to use a nonpermissible battery-powered drill for drilling holes for surveying spads in the panel face area inby the last open crosscut. This is considered an acceptable alternative method for the Wyoming Soda Ash Mine, with conditions. MSHA grants the petition for modification for the Wyoming Soda Ash Mine with conditions.

Docket No.: M-86-020-M.
Docket No.: 52 FR 5217.
Petitioner: Kenneth Utah Copper Corporation.
Regulation Affected: 30 CFR 56.9300(d).
Summary of Findings: The Petitioner is operating under a previously granted modification, 30 CFR 56.9022. Petitioner requested that a pipeline would be located on the inside edge (e.g., driver's side) of the impoundment roadway, when there is a drop off sufficient for equipment to overturn, to serve as a guide for equipment operators. Petition is amended to install delineators along the perimeter of those areas of the elevated roadway where no pipeline was laid and there was a drop-off sufficient for equipment to overturn. At least three delineators along each elevated shoulder would always be visible to the drivers of vehicles. This is considered an acceptable alternative method for the UC Concentrator Plant, with conditions. MSHA grants the petition for modification for the UC Concentrator Plant with conditions.

[FR Doc. 99-27854 Filed 10-25-99; 8:45 am]
BILLING CODE 4510-43-P
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