[Federal Register Volume 60, Number 204 (Monday, October 23, 1995)]
[Notices]
[Pages 54388-54391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26137]
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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: October 13, 1995.
Patricia W. Silvey,
Director, Office of Standards, Regulations and Variances.
Affirmative Decisions on Petitions for Modification
Docket No.: M-85-127-C.
FR Notice: 50 FR 48281.
Petitioner: Utah Power & Light Company.
Reg Affected: 30 CFR 75.326 (now 30 CFR 75.350).
Summary of Findings: This petition was originally filed by Emery
Mining Corporation, a lessee of Utah Power & Light Company.
Petitioner's proposal to install a low-level carbon monoxide detection
system as an early warning fire detection system in all entries used as
intake or return air courses and at each belt drive and tailpiece
located in intake air courses except in specified situations during
development of a two-entry mining system for a longwall panel where the
belt haulage entry would serve (act) as a return air course and for
longwall panel retreat mining where the belt haulage entry would act as
intake air course for longwall face ventilation. Granted with
conditions for the Deer Creek and Cottonwood Mines.
Docket No.: M-85-184-C.
FR Notice: 51 FR 1586 (amendment 52 FR 46134).
Petitioner: Clinchfield Coal Company.
Reg Affected: 30 CFR 75.1105 (now 30 CFR 75.340).
Summary of Findings: Petitioner's proposal to locate transformers
and high voltage vacuum circuit breakers in the belt entry splits of
air and to use dry-type transformers containing no flammable liquid or
hydraulic oil except for capacitors in power centers which may contain
up to a total of three gallons of flammable liquid; to install a low-
level carbon monoxide detection system as an early warning fire
detection system in all belt entry splits of air; to have the velocity
of air in the belt conveyor at 50 feet a minute or greater and have a
definite and distinct movement in the designated direction; and to have
the velocity of air current in the belt conveyor entry to not exceed
that which is established in the approved Ventilation System and
Methane and Dust Control Plan considered acceptable alternative method.
Granted with conditions.
Docket No.: M-86-167-C.
FR Notice: 51 FR 42663 (amendment 52 FR 46133).
Petitioner: Clinchfield Coal Company.
Reg Affected: 30 CFR 75.326 (now 75.350).
Summary of Findings: Petitioner's proposal to install a carbon
monoxide detection system as an early warning fire detection system in
all belt entries used as intake air courses considered acceptable
alternative method. Granted with conditions.
Docket No.: M-89-117-C.
FR Notice: 54 FR 37844.
Petitioner: Westmoreland Coal Company.
Reg Affected: 30 CFR 75.326 (now 75.350).
Summary of Findings: On August 2, 1988, petitioner was granted a
petition for modification, docket number M-85-57-C, to use intake air
coursed through belt haulage and/or track entries to
[[Page 54389]]
ventilate active working places and to install an early warning fire
detection system to monitor the air with a carbon monoxide detection
system. Petitioner's request of August 1, 1989, to amend MSHA's
Proposed Decision and Order (PDO) for the previously granted petition
to allow the use of air velocity in the belt conveyor entry to be in
excess of 300 feet per minute (fpm) subject to conditions outlined in
the PDO considered acceptable alternative method. Granted with
conditions.
Docket No.: M-90-14-C.
FR Notice: 55 FR 5087.
Petitioner: Island Creek Coal Company.
Reg Affected: 30 CFR 75.326 (now 75.350).
Summary of Findings: Petitioner's proposal to install a low-level
carbon monoxide monitoring system as an early warning fire detection
system in all belt entries used as intake air courses considered
acceptable alternative method. Granted with conditions.
Docket No.: M-90-78-C.
FR Notice: 55 FR 28111.
Petitioner: Tanoma Mining Company.
Reg Affected: 30 CFR 75.326 (now 75.350).
Summary of Findings: Petitioner's proposal to install a low-level
carbon monoxide monitoring system as an early warning fire detection
system in all belt entries in which air coursed through the belt entry
is used to ventilate active working places conditioned upon the terms
of consent agreement considered acceptable alternative method. Granted
with conditions.
Docket No.: M-92-49-C.
FR Notice: 57 FR 22493.
Petitioner: Clinchfield Coal Company.
Reg Affected: 30 CFR 75.1710-1(a).
Summary of Findings: Petitioner's proposal to operate its Joy 21 SC
center-driven shuttle cars and 482 and 488 scoops without canopies due
to the undulating conditions of the mine floor resulting roof supports
dislodging, poor visibility to the equipment operator, and assertion
that application of the standard would result in and a diminution of
safety to the miners considered acceptable. Granted with conditions.
Docket No.: M-93-29-C.
FR Notice: 58 FR 16553.
Petitioner: Consolidation Coal Company.
Summary of Findings: On February 22, 1993, petitioner filed a
petition for modification of the application of 30 CFR 75.364(b)(2),
and on November 22, 1993, petitioner filed an amended petition deleting
an air course and revising the petition of the application of 30 CFR
75.364(b)(1) for the remaining air courses. Petitioner's proposal to
establish monitoring stations in the intake air course and to evaluate
these stations weekly rather than daily due to deteriorating roof
conditions and assertion that application of the standard would result
in a diminution of safety to the miners considered acceptable. Granted
with conditions for the intake air course on the south side of Main
West and for the intake air course at the Sugar Run Portal Motor Barn
at the Loveridge No. 22 Mine.
Docket No.: M-93-35-C.
FR Notice: 58 FR 16554.
Petitioner: Consolidation Coal Company.
Reg Affected: 30 CFR 75.364(b)(1).
Summary of Findings: Petitioner's proposal to establish check
points in the South side of the Main West entries from the Dolls Portal
to the No. 1 Check point and to have a certified person test for
methane and the quantity of air at check points and take pressure
readings at check point 7 at a track overcast along the mainline
haulage due to deteriorating roof conditions considered acceptable
alternative method. Granted with conditions for the Main West intake
air courses at the Osage No. 3 Mine.
Docket No.: M-93-81-C.
FR Notice: 58 FR 39235.
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 certain areas of the return air course and to
have a certified person test for methane and the quantity of air in the
affected area on a weekly basis due to deteriorating roof conditions
considered acceptable alternative method. Granted with conditions for
three separate return air courses and one intake air course in the
vicinity of the Statler Airshaft at the Osage No. 3 Mine.
Docket No.: M-93-137-C.
FR Notice: 58 FR 39241.
Petitioner: M & S Coal Company.
Reg Affected: 30 CFR 75.1202-1(a).
Summary of Findings: Petitioner's proposal to revise and supplement
mine maps annually and to update maps daily by hand notations
considered acceptable alternative method. Granted with conditions for
annual revisions and supplements of the mine map.
Docket No.: M-93-166-C.
FR Notice: 58 FR 41295.
Petitioner: Tito Coal Company.
Reg Affected: 30 CFR 75.335(a)(1).
Summary of Findings: Petitioner's proposal to use an alternative
method of construction by using 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 considered acceptable alternative method.
Granted with conditions for seals installed at the Whites Vein Slope
Mine.
Docket No.: M-93-187-C.
FR Notice: 58 FR 41298.
Petitioner: Primrose Coal Company.
Reg Affected: 30 CFR 75.1202-1(a).
Summary of Findings: Petitioner's proposal to revise and supplement
mine maps annually and to update maps daily by hand notations
considered acceptable alternative method. Granted with conditions for
annual revisions and supplements of the mine map.
Docket No.: M-93-207-C.
FR Notice: 58 FR 44701.
Petitioner: Ashland Coal Company.
Reg Affected: 30 CFR 75.1202-1(a).
Summary of Findings: Petitioner's proposal to revise and supplement
mine maps annually and to update maps daily by hand notations
considered acceptable alternative method. Granted with conditions for
annual revisions and supplements of the mine map.
Docket No.: M-93-222-C.
FR Notice: 58 FR 46220.
Petitioner: Rhen Coal Company.
Reg Affected: 30 CFR 75.1202-1(a).
Summary of Findings: Petitioner's proposal to revise and supplement
mine maps annually and to update maps daily by hand notations
considered acceptable alternative method. Granted with conditions for
annual revisions and supplements of the mine map.
Docket No.: M-93-281-C.
FR Notice: 58 FR 58566.
Petitioner: Old Ben Coal Company.
Reg Affected: 30 CFR 75.364.
Summary of Findings: Petitioner's proposal to establish evaluation
check points in certain areas of the return air course, one at each end
of the areas affected, to monitor for methane and the quantity and
quality of air entering and leaving the affected areas due to
deteriorating roof conditions considered acceptable alternative method.
Granted with conditions for the #1 Main South return air course between
10th West South and the ``D'' Fan Shaft at the No. 26 Mine.
Docket No.: M-93-320-C.
FR Notice: 58 FR 68671.
Petitioner: Consol Pennsylvania Coal Company.
Reg Affected: 30 CFR 75.364(b)(1).
[[Page 54390]]
Summary of Findings: Petitioner's proposal to establish check
points in certain areas of the intake air course and have a certified
person test these check points for methane and the quantity of air on a
weekly basis and record the results in a book kept on the surface
available for inspection to interested persons due to deteriorating
roof conditions considered acceptable alternative method. Granted with
conditions for each of the two areas where roof falls exist at either
end of the petitioned air course (the first located immediately inby
the shop regulator and other near Spad No. 052) at the Bailey Mine.
Docket No.: M-94-29-C.
FR Notice: 59 FR 15238.
Petitioner: New Warwick Mining Company.
Reg Affected: 30 CFR 75.364(b)(1).
Summary of Findings: Petitioner's proposal to establish evaluation
check points to monitor the quantity and quality of air entering and
leaving certain areas of the intake air course due to deteriorating
roof conditions considered acceptable alternative method. Granted with
conditions for the Mains Right side intake air course between track
markers 90 and 102 at the Warwick Mine.
Docket No.: M-94-59-C.
FR Notice: 59 FR 26816.
Petitioner: Black Dog Coal Corporation.
Reg Affected: 30 CFR 75.364(b)(1).
Summary of Findings: Petitioner's proposal to establish evaluation
check points to monitor the quantity and quality of air entering and
leaving certain areas of the intake air course due to deteriorating
roof conditions considered acceptable alternative method. Granted with
conditions for the intake air course left of the belt entry in the Jaw
Bone Mains extending from survey stations No. 1116 and 1117 to survey
stations No. 1211 and 1229 at the No. 1 Mine.
Docket No.: M-94-61-C.
FR Notice: 59 FR 29305.
Petitioner: Cyprus Emerald Resources Corporation.
Reg Affected: 30 CFR 75.507.
Summary of Findings: Petitioner's proposal to use a nonpermissible
submersible pump in the longwall bleeder sump near the No. 2 bleeder
shaft for dewatering the sump and to provide unrestricted airflow into
the return shaft; to provide training for all selected mine
electricians performing electrical work on the pumps; and to examine
the surface pump control and power circuits monthly considered
acceptable alternative method. Granted with conditions for the
submersible pump located in the No. 2 bleeder sump borehole near the
No. 2 bleeder shaft at the Emerald No. 1 Mine.
Docket No.: M-94-85-C.
FR Notice: 59 FR 35148.
Petitioner: K & S Coal Company.
Reg Affected: 30 CFR 75.1202-1(a).
Summary of Findings: Petitioner's proposal to revise and supplement
mine maps annually and to update maps daily by hand notations
considered acceptable alternative method. Granted with conditions for
annual revisions and supplements of the mine map.
Docket No.: M-94-87-C.
FR Notice: 59 FR 38202.
Petitioner: Consolidation Coal Company.
Reg Affected: 30 CFR 75.364(b)(2).
Summary of Findings: The petitioner filed a petition for
modification of 30 CFR 75.364(b)(2). MSHA's investigation of the
petition revealed that the air flowing in the petitioned air course had
not ventilated any working faces or passed through a worked out area.
Therefore, the petition is treated as requesting modification of 30 CFR
75.364(b)(1). In its investigation of the petition, the Agency finds
that application of the standard would result in a diminution of safety
to the miners. As set out in the special terms and conditions to at all
times provide a safe work environment for the miners, the petitioner
would perform weekly evaluations at the monitoring stations, weekly
examination of the ventilation controls, and daily examination of the
roof above the overcast because of the 400-foot length of the single
entry air course and the ability to safely examine and maintain all
ventilation controls creating the air course (eight stoppings and one
overcast) from outside the air course. This is considered an acceptable
alternative method. Granted with conditions for approximately 400 feet
of intake air course crossing the Main North overcast to Carpenter
Shaft between Spad Nos. 2809 and 2830 at the Blacksville No. 2 Mine.
Docket No.: M-94-123-C.
FR Notice: 59 FR 43869.
Petitioner: B & M Coal Company.
Reg Affected: 30 CFR 75.326.
Summary of Findings: Petitioner's request that Item 15 of its
petition for modification be amended to include language requiring
intake escapeways to be maintained in accordance with mandatory
standard 30 CFR 75.380(f)(1) (Ventilation Final Rule of November 15,
1992) considered acceptable. Granted with conditions at the B & M No. 2
Mine.
Docket No.: M-94-149-C.
FR Notice: 59 FR 52840.
Petitioner: Genwal Coal Company.
Reg Affected: 30 CFR 75.1002.
Summary of Findings: Petitioner's proposal to use high-voltage
(4,160 volts) operated equipment inby the last open crosscut at the
longwall section, assertion that application of the standard would
result in a diminution of safety to the miners considered acceptable
alternative method. Granted with conditions at the Crandall Canyon
Mine. Application for Relief to Give Effect to the Proposed Decision
and Order granted.
Docket No.: M-94-159-C.
FR Notice: 59 FR 59434.
Petitioner: Clark Elkhorn Coal Company, Inc.
Reg Affected: 30 CFR 75.900.
Summary of Findings: Petitioner's proposal to use contractors to
provide undervoltage, grounded phase, and overload protection and to
monitor the grounding conductors for 480-volt belt conveyor drive
motors and water pump motors greater than 5 horsepower considered
acceptable alternative method. Granted with conditions in the Sunset
Mine No. 1.
Docket No.: M-94-182-C.
FR Notice: 60 FR 3436.
Petitioner: D.G. W Coal Company.
Reg Affected: 30 CFR 75.1400.
Summary of Findings: Petitioner's proposal to use the gunboat
without safety catches with an increased rope strength safety factor
and secondary safety connections which are securely fastened around the
gunboat and to the hoisting rope above the main connecting device in
transporting persons due to steep, frequently changing pitch and
numerous curves and knuckles in the main haulage slope considered
acceptable alternative method. Granted with conditions for the use of
the gunboat without safety catches at the Buck Mt. Slope.
Docket No.: M-95-04-C.
FR Notice: 60 FR 9867.
Petitioner: R & R Anthracite Coal Company.
Reg Affected: 30 CFR 75.1400.
Summary of Findings: Petitioner's proposal to use the gunboat
without safety catches with an increased rope strength safety factor
and secondary safety connections which are securely fastened around the
gunboat and to the hoisting rope above the main connecting device in
transporting persons due to steep, frequently changing pitch and
numerous curves and knuckles in the main haulage slope considered
acceptable alternative method. Granted with conditions for the use of
the gunboat without safety catches at the Buck Mt. Slope.
[[Page 54391]]
Docket No.: M-95-20-C.
FR Notice: 59 FR 11682.
Petitioner: Eighty-Four Mining Company.
Reg Affected: 30 CFR 75.1002.
Summary of Findings: Petitioner's proposal to use high-voltage
(4,160 volts) cables inby the last open crosscut to supply power to
longwall face equipment considered acceptable alternative method.
Granted with conditions at the Mine No. 84. Petitioner's Application
for Relief to Give Effect to the Proposal Decision and Order granted.
Docket No.: M-94-01-M.
FR Notice: 59 FR 24730.
Petitioner: Cyprus Sierrita Corporation.
Reg Affected: 30 CFR 56.6309.
Summary of Findings: Petitioner's proposal to blend recycled oil
with fuel oil to create a blasting agent considered acceptable
alternative method. Granted with conditions.
Docket No.: M-94-04-M.
FR Notice: 59 FR 4114.
Petitioner: Magna Copper Company.
Reg Affected: 30 CFR 57.9360(a)(2).
Summary of Findings: Petitioner's proposal to use two alternative
sets of stipulations specified in its petition for modification for
spacing shelter holes along its haulage roads for miners on the 2675
and 2950 levels considered acceptable alternative method. Granted with
conditions at the San Manuel Mine.
Docket No.: M-95-02-M.
FR Notice: 60 FR 9867.
Petitioner: Aluminum Company of America.
Reg Affected: 30 CFR 56.9300.
Summary of Findings: Petitioner's proposal to restrict access to
its mud lake impoundment lake roadway(s) by using specific procedures
outlined in its petition for modification considered acceptable
alternative method. Granted with conditions.
Docket No.: M-78-26-M.
FR Notice: 43 FR 59926.
Petitioner: Anthony Dally & Sons.
Reg Affected: 30 CFR 57.19-7 (now 57.19007).
Summary of Findings: Petitioner's granted petition for 30 CFR
57.19007 an underground mandatory standard, was reviewed and changes
were noted. It was that the petitioner should have petitioned for 30
CFR 56.19007, applicable for surface mining operations, and that three
of the mines had been permanently closed. The modifications to the
Diamond Slate Quarry, Quarry No. 6, and the Stephens-Jackson Slate
Quarry is no longer applicable. Modification to the Doney Slate Company
Pit as it pertains to operating man hoists without overspeed or
overtravel controls installed considered acceptable. Granted with
conditions.
Docket No.: M-87-09-M.
FR Notice: 52 FR 34437.
Petitioner: Ziegler Chemical and Mineral Corporation.
Reg Affected: 30 CFR 57.4760(a).
Summary of Findings: On January 25, 1990, MSHA issued a Proposed
Decision and Order (PDO) granting this petition for modification
conditioned upon circumstances existing at the Bonanza No. 3, Little
Emma No. 7, Bonanza No. 11 and 12, Independent No. 4 and 5, and the
Cottonwood No. 1 mines for the elimination of shaft station ventilation
control doors. On December 7, 1993, MSHA's Rocky Mountain District
Manager submitted a review of conditions relevant to the granted
petition. In the review it was noted that conditions at the mines
remained unchanged and that the petition should continue in effect, and
that the Little Emma No. 7 and Cottonwood No. 1 mines had ceased mining
operations. On August 16, 1993, a PDO was issued revoking the granted
petition of the two non-operating mines. On April 21 and May 23, 1995,
the District Manager submitted another review of the conditions of the
granted petition noting that one mine name and mine ID number, Bonanza
Mill and Mines--(ID No. 42-00876) was used to identify all gilsonite
mines owned and operated by the petitioner. Based on this review it was
noted that the petition should be revoked at the Bonanza No. 11 & 12,
Independent No. 4 & 5, and Bonanza No. 3 mines, and that the petition
should be amended to include only one mine, Bonanza Mill and Mines (ID
No. 42-00876). The amended petition granted with conditions as it
pertains to operating without shaft ventilation control doors installed
in the Bonanza Mill and Mines.
[FR Doc. 95-26137 Filed 10-20-95; 8:45 am]
BILLING CODE 4510-43-P-M