[Federal Register Volume 59, Number 68 (Friday, April 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8419]


[[Page Unknown]]

[Federal Register: April 8, 1994]


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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(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 CONTACT: 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: March 30, 1994.
Patricia W. Silvey,
Director, Office of Standards, Regulations and Variances.

Affirmative Decisions on Petitions for Modification

    Docket No.: M-80-91-M.
    FR Notice: 45 FR 61396.
    Petitioner: ASARCO, Inc.
    Reg Affected: 30 CFR 57.4260 (previously 57.4-27).
    Summary of Findings: Petitioner's granted petition for 
modification was reviewed and it was noted that conditions at the 
mine remain unchanged from conditions in existence when the petition 
was granted. Based on this review, MSHA has issued a Proposed 
Amended Decision and Order. The petitioner's proposal to locate 20-
lb fire extinguishers throughout underground stopes instead of on 
mobile equipment considered acceptable alternate method. Granted 
with conditions.

    Docket No.: M-81-17-M.
    FR Notice: 46 FR 25726.
    Petitioner: Mississippi Potash, Inc.
    Reg Affected: 30 CFR 57.4260 (previously 57.4-27).
    Summary of Findings: Petitioner's granted petition for 
modification was reviewed and it was noted that conditions at the 
mine remain unchanged from conditions in existence when the petition 
was granted. Based on this review, MSHA has issued a Proposed 
Amended Decision and Order. The petitioner's proposal to provide 
fire protection equivalent to fire extinguishers on certain types of 
mobile equipment with trailing cables considered acceptable 
alternate method. Granted with conditions.

    Docket No.: M-81-41-M, M-81-42-M, and M-81-43-M.
    FR Notice: 46 FR 45453.
    Petitioner: United Salt Corporation.
    Reg Affected: 30 CFR 57.4131 (previously 57.4-42); 57.4560 
(previously 57.4-62); 57.4533 (previously 57.4-43).
    Summary of Findings: Petitioner's granted petitions for 
modification were reviewed and it was noted that conditions at the 
mine remain unchanged from conditions in existence when the 
petitions were granted. Based on this review, MSHA has issued 
Proposed Amended Decisions and Orders. The petitioner's proposal, in 
the event of a fire in the structure which houses the mine opening 
and main fan, to immediately shut off the fan, sound an alarm, and 
activate a diesel blower on the surface, connected to the escape 
shaft, to positive-pressure ventilate the escape shaft and refuge 
room and reverse the usual flow of air so that combustion products 
are not drawn into the mine, considered acceptable alternate method. 
Granted with conditions.

    Docket No.: M-84-14-M.
    FR Notice: 49 FR 23256.
    Petitioner: Western Ag-Minerals Company (previously Duval 
Corp.).
    Reg Affected: 30 CFR 57.4260 (previously 57.4-27).
    Summary of Findings: Petitioner's granted petition for 
modification was reviewed and it was noted that conditions at the 
mine remain unchanged from conditions in existence when the petition 
was granted. Based on this review, MSHA has issued a Proposed 
Amended Decision and Order. The petitioner's proposal to mount fire 
extinguishers on each of the face electrical safety centers in lieu 
of mounting them on the equipment, and to have fire extinguisher-
equipped diesel equipment accompany trailing cable-type equipment 
when it is moved from one section to another, considered acceptable 
alternate method. Granted with conditions.

    Docket No.: M-86-3-M.
    FR Notice: 51 FR 8377.
    Petitioner: Homestake Mining Company.
    Reg Affected: 30 CFR 57.14105 (previously 57.14029).
    Summary of Findings: Petitioner's granted petition for 
modification was reviewed and it was noted that conditions at the 
mine remain unchanged from conditions in existence when the petition 
was granted. Based on this review, MSHA has issued a Proposed 
Amended Decision and Order. The petitioner's proposal to replace 
worn out brushes on the generators of Ross and Yates Hoist MG sets 
while the power is off but the armatures are rotating considered 
acceptable alternate method. Granted with conditions.

    Docket No.: M-87-01-M.
    FR Notice: 52 FR 7946.
    Petitioner: Montana Resources, Inc.
    Reg Affected: 30 CFR 56.14132 (previously 56.9087).
    Summary of Findings: Petitioner's granted petition for 
modification was reviewed and it was noted that conditions at the 
mine remain unchanged from conditions in existence when the petition 
was granted. Based on this review, MSHA has issued a Proposed 
Amended Decision and Order. The petitioner's proposal to equip all 
trucks with highly visible back up lights which operate 
automatically when trucks are in reverse and to use audible horns to 
communicate considered acceptable alternate method. Granted with 
conditions.

    Docket No.: M-91-20-M.
    FR Notice: 56 FR 65514.
    Petitioner: Cyprus Thompson Creek Mining Co.
    Reg Affected: 30 CFR 56.6309.
    Summary of Findings: Petitioner's proposal to design and 
construct an oil recycling system that filters used oil and blends 
the recycled product with fuel oil for use in blasting considered 
acceptable alternate method. Granted with conditions.

    Docket No.: M-92-11-M.
    FR Notice: 57 FR 43477.
    Petitioner: Magma Copper Company.
    Reg Affected: 30 CFR 57.11059.
    Summary of Findings: Petitioner's proposal to use an independent 
ventilation system that converts to a one-hour self-contained 
breathing apparatus instead of a two-hour breathing apparatus 
considered acceptable alternate method. Granted with conditions.

    Docket No.: M-92-35-C.
    FR Notice: 57 FR 13763.
    Petitioner: Cordero Mining Company.
    Reg Affected: 30 CFR 77.1607(u).
    Summary of Findings: Petitioner's proposal to use a portable 
hydraulic unit (power pack) for towing heavy equipment instead of 
tow bars considered acceptable alternate method. Granted during the 
towing operation of large disabled trucks that are equipped with 
steering systems and brake systems that require hydraulic or air 
pressure for normal operation, with conditions.

    Docket No.: M-92-120-C.
    FR Notice: 57 FR 47123.
    Petitioner: Eastern Associated Coal Corporation.
    Reg Affected: 30 CFR 75.364(b) (previously 75.305).
    Summary of Findings: Petitioner's proposal to establish 
evaluation points to monitor the quantity and quality of air 
entering and leaving the affected area in lieu of weekly 
examinations considered acceptable alternate method. Granted with 
conditions.

    Docket No.: M-92-126-C.
    FR Notice: 57 FR 47124.
    Petitioner: Freeman United Coal Mining Company.
    Reg Affected: 30 CFR 75.902.
    Summary of Findings: Petitioner's proposal to use a vacuum 
contactor circuit device instead of a circuit breaker considered 
acceptable alternate method. Granted for the one 995-volt, 150 
horsepower pump motor, that is mounted on separate rubber tired 
carrier, located at the hydraulic pumping stations for the longwall 
working sections of the Orient No. 6 Mine, with conditions.

    Docket No.: M-92-129-C.
    FR Notice: 57 FR 47124.
    Petitioner: Consolidation Coal Company.
    Reg Affected: 30 CFR 75.364(b)(2) (previously 75.305).
    Summary of Findings: Petitioner's proposal to establish check 
points to evaluate the quantity and quality of air leaving and 
entering the affected area in lieu of weekly examinations considered 
acceptable alternate method. Granted for the establishment of air 
monitoring stations in the No. 1 entry (return) of the Mains East 
intake, with conditions.

    Docket No.: M-92-152-C.
    FR Notice: 57 FR 56377.
    Petitioner: Shadle Coal Company.
    Reg Affected: 30 CFR 75.340 (previously 75.1105).
    Summary of Findings: Petitioner's proposal to use an underground 
battery-charging station to charge the motor when the mine is idle 
and to deenergize the station while the mine is in operation.

    Docket No.: M-92-161-C.
    FR Notice: 57 FR 59360.
    Petitioner: Drummond Company, Inc.
    Reg Affected: 30 CFR 75.1002.
    Summary of Findings: Petitioner's proposal to use high-voltage 
cables to power longwall equipment considered acceptable alternate 
method. Granted with conditions.

    Docket No.: M-92-177-C.
    FR Notice: 57 FR 62391.
    Petitioner: Consolidation Coal Company.
    Reg Affected: 30 CFR 75.364(b).
    Summary of Findings: Petitioner's proposal to establish check 
points to monitor the quantity and quality of air entering and 
leaving the affected area in lieu of weekly examinations considered 
acceptable alternate method. Granted with conditions.

    Docket No.: M-93-02-C.
    FR Notice: 58 FR 8065.
    Petitioner: Cyprus Shoshone Coal Corporation.
    Reg Affected: 30 CFR 75.503.
    Summary of Findings: Petitioner's proposal to increase the 
maximum length of the dual longwall input cables from 1,000 feet to 
1,250 feet to supply 2,400 volt alternating current from the load 
center to the longwall controller considered acceptable alternate 
method. Granted with conditions.

    Docket No.: M-93-07-C.
    FR Notice: 58 FR 8065.
    Petitioner: McElroy Coal Company.
    Reg Affected: 30 CFR 75.364(b) (formerly 75.305).
    Summary of Findings: Petitioner's proposal to establish 
monitoring stations at the 1-North Return and the Left Return of 2-
North before they enter the affected aircourses and continue using 
monitoring stations at the 1-South entries of the affected return 
aircourse daily, as described in petition for modification, docket 
number M-92-142-C considered acceptable alternate method. Granted 
with conditions.

    Docket No.: M-93-11-C.
    FR Notice: 58 FR 9575.
    Petitioner: Baylor Mining, Inc.
    Reg Affected: 30 CFR 75.350.
    Summary of Findings: Petitioner's proposal to install a low-
level carbon monoxide detection system in all belt entries used as 
intake aircourses considered acceptable alternate method. Granted 
for the use of the slope haulage conveyor belt in a return 
aircourse, with conditions.

    Docket No.: M-93-16-C.
    FR Notice: 58 FR 9575.
    Petitioner: Utah Fuel Company.
    Reg Affected: 30 CFR 75.333(d)(3).
    Summary of Findings: Petitioner's proposal to use single drive-
through doors in the longwall and longwall development sections of 
the mine and to open them only during non-mining in the inby section 
and only to gain access considered acceptable alternate method. 
Granted for the use of single drive-through haulageway doors in 
longwall panels which use yield pillar design for ground control 
purposes, with conditions.

    Docket No.: M-93-31-C.
    FR Notice: 58 FR 16554.
    Petitioner: Black Beauty Coal Company.
    Reg Affected: 30 CFR 75.1700.
    Summary of Findings: Petitioner's proposal to plug and mine 
through oil and gas wells considered acceptable alternate method. 
Granted with conditions.

    Docket No.: M-93-39-C.
    FR Notice: 58 FR 16554.
    Petitioner: Martinka Coal Company.
    Reg Affected: 30 CFR 75.364(b)(1).
    Summary of Findings: Petitioner's proposal to establish 
evaluation points to monitor the quantity and quality of air 
entering and leaving the affected area and have a certified person 
examine the evaluation points on a weekly basis considered 
acceptable alternate method. Granted with conditions.

    Docket No.: M-93-44-C.
    FR Notice: 58 FR 18419.
    Petitioner: Western Mingo Coal Co.
    Reg Affected: 30 CFR 75.350.
    Summary of Findings: Petitioner's proposal to install a low-
level carbon monoxide detection system in all belt entries used as 
intake air courses considered acceptable alternate method. Granted 
with conditions.

    Docket No.: M-93-49-C.
    FR Notice: 58 FR 26166.
    Petitioner: Coal Miners, Inc.
    Reg Affected: 30 CFR 75.360(b)(6).
    Summary of Findings: Petitioner's proposal to test for methane 
and oxygen deficiency during the preshift examination at each main 
split of air to each working section and examine at least one entry 
of the intake air course once a week considered acceptable alternate 
method. Granted for the area of the mine developed prior to November 
15, 1992, where entries and rooms were driven more than 20 feet off 
the intake aircourse without a crosscut or more than 2 crosscuts off 
the intake aircourse without permanent ventilation controls where 
intake air passes through or by these entries or rooms to a working 
section where anyone is scheduled to work during the oncoming shift, 
with conditions.

    Docket No.: M-93-50-C.
    FR Notice: 58 FR 26166.
    Petitioner: Consolidation Coal Company.
    Reg Affected: 30 CFR 75.364(b)(2).
    Summary of Findings: Petitioner's proposal to establish 
evaluation check points to monitor the quantity and quality of air 
entering and leaving the affected area considered acceptable 
alternate method. Granted with conditions.

    Docket No.: M-93-53-C
    FR Notice: 58 FR 26166.
    Petitioner: Gridner Mining Company.
    Reg Affected: 30 CFR 75.342.
    Summary of Findings: Petitioner's proposal to use hand-held 
continuous-duty methane and oxygen indicators instead of machine 
mounted methane monitors on permissible three-wheel tractors with 
drag bottom buckets considered acceptable alternate method. Granted 
for the permissible three-wheel battery-powered tractors used to 
load coal, with conditions.

    Docket No.: M-93-54-C (superseding Docket No. M-91-013-C).
    FR Notice: 58 FR 26166.
    Petitioner: Trapper Mining, Inc.
    Reg Affected: 30 CFR 75.1304(a).
    Summary of Findings: Petitioner proposed that certain provisions 
in MSHA's December 9, 1991, Decision and Order, docket number M-91-
13-C, be amended. One of the terms of that Decision and Order 
required an on-site inspection by MSHA before the oil recycling and 
blending facility was put into operation. During the course of this 
on-site inspection, several discrepancies with the Decision and 
Order were discovered. This revised petition for modification 
supersedes docket number M-91-13-C. The alternate method is 
considered acceptable and the petition is granted with conditions.

    Docket No.: M-93-56-C.
    FR Notice: 58 FR 26167.
    Petitioner: Tanglewood Energy, Inc.
    Reg Affected: 30 CFR 75.380(d)(4).
    Summary of Findings: Petitioner's proposal to maintain a wide 
clearance of less than 6 feet between crosscuts No. 8 and No. 9 
adjacent to two cribs, between crosscuts No. 10 and No. 11 adjacent 
to one crib, and between crosscuts No. 11 and No. 12 adjacent to one 
crib and timber considered acceptable alternate method. Granted for 
the No. 2 belt entry of South Mains, with conditions.

    Docket No.: M-93-58-C.
    FR Notice: 58 FR 29640.
    Petitioner: B and B Coal Company.
    Reg Affected: 30 CFR 75.340.
    Summary of Findings: Petitioner's proposal to charge batteries 
on the mine's locomotive when all miners are out of the mine and to 
have intake air ventilating the charging stations, at the No. 1 
chute of the active gangway level, continue through the last open 
crosscut and into the monkey airway (return) considered acceptable 
alternate method. Granted with conditions.

    Docket No.: M-93-64-C.
    FR Notice: 58 FR 29640.
    Petitioner: U.S. Steel Mining Company, Inc.
    Reg Affected: 30 CFR 75.804(a).
    Summary of Findings: Petitioner's proposal to install SHD+GC, 
SHD-CGC, or SHD-Center-GC cable on its high-voltage longwall system 
considered acceptable alternate method. Granted for the high-voltage 
longwall system located in the Cumberland Mine, with conditions.

    Docket No.: M-93-69-C.
    FR Notice: 58 FR 32728.
    Petitioner: The Pittsburgh and Midway Coal Mining Company.
    Reg Affected: 30 CFR 77.1605(k).
    Summary of Findings: Petitioner's proposal to eliminate berms or 
guardrails and to install and maintain reflectors near the outer 
edge of the roadway in areas where there is a recovery zone between 
the outer edge of the traveled roadway and the tangent of the 
embankment slope considered acceptable alternate method. Granted 
with conditions.

    Docket No.: M-93-73-C.
    FR Notice: 58 FR 32728.
    Petitioner: Philippi Development, Inc.
    Reg Affected: 30 CFR 75.380(d)(4).
    Summary of Findings: Petitioner's proposal to post signs along 
the relevant portion of the escapeway where there is an indication 
of a tight clearance, and to install two switches that would allow 
for immediate deenergization of the belt lines in an emergency or 
when the belt needs to be stopped immediately considered acceptable 
alternate method. Granted for the No. 2 belt conveyor of 1 Northeast 
belt lines, with conditions.

    Docket No.: M-93-157-C.
    FR Notice: 58 FR 41294.
    Petitioner: Clinchfield Coal Company.
    Reg Affected: 30 CFR 75.1710-1(a).
    Summary of Findings: Petitioner's proposal that the use of 
canopies not be required considered acceptable alternate method. 
Granted for the end-driven Joy 21-SC shuttle car and the end-driven 
Joy 10SC-22 shuttle cars in mining heights less than 54 inches and 
the center-driven Joy 21-SC shuttle cars in mining heights less than 
48 inches.

    Docket No.: M-93-209-C.
    FR Notice: 58 FR 51388.
    Petitioner: Jim Walter Resources, Inc.
    Reg Affected: 30 CFR 75.1002.
    Summary of Findings: Petitioner's proposal to use 2300 A.C. 
high-voltage cable to supply power to permissible longwall face 
equipment in or inby the last open crosscut considered acceptable 
alternate method. Granted for the permissible longwall equipment 
located in the No. 3 Mine and No. 4 Mine, with conditions.

    Docket No.: M-93-278-C.
    FR Notice: 58 FR 58566.
    Petitioner: Baylor Mining, Inc.
    Reg Affected: 30 CFR 75.352.
    Summary of Findings: Petitioner's proposal to install a low-
level carbon monoxide detection and methane monitoring system in all 
belt entries used as return air courses and to maintain ventilation 
at 50 fpm or greater in the belt conveyor entry considered 
acceptable alternate method. Granted for the use of the slope 
haulage conveyor belt in the return air course during initial mine 
development, with conditions.

[FR Doc. 94-8419 Filed 4-7-94; 8:45 am]
BILLING CODE 4510-43-P