[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