[Federal Register Volume 62, Number 229 (Friday, November 28, 1997)]
[Notices]
[Pages 63393-63400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31154]
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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. Contact Barbara Barron at 703-
235-1910.
Dated: November 20, 1997.
Patricia W. Silvey,
Director, Office of Standards, Regulations and Variances.
Affirmative Decisions on Petitions for Modification
Docket No.: M-97-011-C.
FR Notice: 62 FR 11927.
Petitioner: Consol Pennsylvania Coal Company.
Reg Affected: 30 CFR 75.503.
Summary of Findings: Petitioner's proposal to permit the maximum
lengths of the loading machine, roof bolter, and section ventilation
fan trailing cables supplying equipment from 480-volt alternating
current systems to be increased to 800 feet considered acceptable
alternative method. Granted for the Bailey Mine with conditions for the
extended length, 480-volt, three-phase alternating current trailing
cables, used to develop the three and four entry longwall development
panels and the eleven-entry mains at the Bailey Mine.
Docket No.: M-97-014-C.
FR Notice: 62 FR 11927.
Petitioner: Genwal Resources, Inc.
Reg Affected: 30 CFR 75.1002.
Summary of Findings: Petitioner's proposal to use high-voltage
(2400 volts) operated equipment inby the last open crosscut at the
working longwall sections considered acceptable alternative method.
Granted for the Crandall Canyon Mine with conditions.
Docket No.: M-97-039-C.
FR Notice: 62 FR 23799.
Petitioner: Spruce Fork Coal Company, Inc.
[[Page 63394]]
Reg Affected: 30 CFR 75.503(b)(2).
Summary of Findings: Petitioner's proposal to use a spring loaded
locking device, instead of padlocks to secure battery plugs to machine
mounted receptacles, that would prevent the threaded lock on a plug
from turning and becoming loose unintentionally considered acceptable
alternative method. Granted for the Spruce Fork Mine No. 1 with
conditions for the use of permanently installed spring-loaded locking
devices in lieu of padlocks on battery plugs.
Docket No.: M-97-041.
FR Notice: 62 FR 29370.
Petitioner: Pine Ridge Coal Company.
Reg Affected: 30 CFR 75.503.
Summary of Findings: Petitioner's proposal to replace a padlock on
battery plug connectors on mobile battery-powered machines with a
threaded ring and a spring loaded device to prevent the plug connector
from accidently disengaging while under load considered acceptable
alternative method. Granted for the Robin Hood No. 9 Mine with
conditions for the use of permanently installed spring-loaded locking
devices in lieu of padlocks on battery plugs.
Docket No.: M-97-043-C.
FR Notice: 62 FR 29371.
Petitioner: Peabody Coal Company.
Reg Affected: 30 CFR 75.503.
Summary of Findings: Petitioner's proposal to attach a spring-
loaded plug interlock to the plug receptacle which is permanently
attached to the battery case, and in addition the spring-loaded plug
interlock has been designed so that when the battery plugs are secured
and the spring-loaded interlock released, the threaded ring securing
the battery plugs cannot become loose considered acceptable alternative
method. Granted for the Marissa Mine with conditions for the use of
permanently installed spring-loaded locking devices in lieu of padlocks
on battery plugs.
Docket No.: M-97-055-C.
FR Notice: 62 FR 29372.
Petitioner: Pen Coal Corporation.
Reg Affected: 30 CFR 75.503.
Summary of Findings: Petitioner's proposal to replace a padlock on
battery plug connectors on mobile battery-powered machines with a
threaded ring and a spring loaded device to prevent the plug connector
from accidently disengaging while under load; and to instruct all
persons on the requirements for operating or maintaining battery-
powered machines considered acceptable alternative method. Granted for
the Deep Mine No. 4 with conditions for the use of permanently
installed spring-loaded locking devices in lieu of padlocks on battery
plugs.
Docket No.: M-96-002-C.
FR Notice: 61 FR 13882.
Petitioner: Ohio County Coal Company, Inc.
Reg Affected: 30 CFR 75.901(a).
Summary of Findings: Petitioner's proposal to operate its diesel
powered generator (DPG) without an earth referenced ground considered
acceptable alternative method. Granted for the Freedom Mine with
conditions for the diesel powered generator located in the Freedom
Mine.
Docket No.: M-96-007-C.
FR Notice: 61 FR 13883.
Petitioner: Consolidation Coal Company.
Reg Affected: 30 CFR 75.364(b)(4).
Summary of Findings: Petitioner's proposal to establish a
checkpoint and make a weekly examination where an extended probe would
be used to examine the No. 3 Seal for methane and a smoke tube would be
used to verify the direction of air flow; to have the person making the
examination and tests record their initials, date and time in a record
book which would be kept on the surface and made available for
inspection by interested parties; and to maintain the checkpoint and
all approaches to the checkpoint in safe condition at all times
considered acceptable alternative method. Granted for the Shoemaker
Mine with conditions for weekly examinations of the No. 3 seal which
has been rendered inaccessible and hidden from full visibility by
fallen roof material and entry deterioration near Browns Run Shaft at a
safe location, 20 feet outby the seal.
Docket No.: M-96-009-C.
FR Notice: 61 FR 13883.
Petitioner: Peabody Coal Company.
Reg Affected: 75.1100-2(b).
Summary of Findings: Petitioner's proposal to install firehouse
outlets with valves in the longwall gate entries every fourth cross-cut
at intervals of approximately 440 feet instead of at intervals of 300
feet considered acceptable alternative method. Granted for the Camp No.
11 Mine with conditions for the increased interval between fire hose
outlets on the water line installed alongside belt conveyors or in
entries adjacent to belt conveyors.
Docket No.: M-96-010-C.
FR Notice: 61 FR 13883.
Petitioner: Monterey Coal Company.
Reg Affected: 30 CFR 75.1100-2(i)(1).
Summary of Findings: Petitioner's proposal to use the following
emergency materials instead of emergency materials required by the
mandatory safety standard: 112 Kennedy Metal Shopping Panels with
associated head sills and twist clamps; 24 Kennedy Stopping Rib Angles;
3 rolls of tape; 3 twist tools; 2 rolls of brattice cloth; 3 stopping
jacks; 3 picks; 3 shovels; 9 buckets of Celtite 10-12 (or equivalent
material for stopping); and 5 tons of rock dust considered acceptable
alternative method. Granted for the No. 1 Mine with conditions for
emergency materials readily available at locations not exceeding 2
miles from each working section.
Docket No.: M-96-011-C.
FR Notice: 61 FR 13883.
Petitioner: Peabody Coal Company.
Reg Affected: 30 CFR 77.1304(a).
Summary of Findings: Petitioner's proposal to use waste petroleum-
based lubrication oil recycled from equipment used at its mine for
blending with diesel fuel oil to create ammonium nitrate/fuel oil
(ANFO) for use as a blasting agent considered acceptable alternative
method. Granted for the Hawthorn Mine with conditions for the
collection, processing, and use of petroleum-based used oils, for
blending with No. 2 diesel fuel (fuel oil), to sensitize ammonium
nitrate prill, and the temporary storage and use of the resulting
blasting agent (ANFO).
Docket No.: M-96-014-C.
FR Notice: 61 FR 17733.
Petitioner: Tennessee Energy Corporation.
Reg Affected: 30 CFR 75.1405.
Summary of Findings: Petitioner's proposal to use a 9-foot steel
tongue with a hole on each end aligned with existing holes in the frame
of the motor and flatcar and secured with a pin, to couple the motor to
the flatcar instead of using automatic couplers considered acceptable
alternative method. Granted for Mine No. 43 with conditions.
Docket No.: M-96-024-C.
FR Notice: 61 FR 20543.
Petitioner: West End Coal Company, Deep Mine.
Reg Affected: 30 CFR 75.1202-1(a).
Summary of Findings: Petitioner's proposal to revise and supplement
mine maps on an annual basis instead of the required 6 month interval
and to update maps daily by hand notations considered acceptable
alternative method. Granted for the Last Chance Slope Mine with
conditions for annual revisions and supplements of the mine map.
Docket No.: M-96-025-C.
FR Notice: 61 FR 20543.
Petitioner: West End Coal Company, Deep Mine.
Reg Affected: 30 CFR 75.1200(d) & (i).
Summary of Findings: Petitioner's proposal to use cross-sections
instead of contour lines through the intake slope,
[[Page 63395]]
at locations of rock tunnel connections between veins, and at 1,000-
foot intervals of advance from the intake slope and to limit the
required mapping of the mine workings above and below to those present
within 100 feet of the veins being mined except when veins are
interconnected to other veins beyond the 100-foot limit through rock
tunnel considered acceptable alternative method. Granted for the Last
Chance Slope Mine with conditions for the use of cross sections, in
lieu of contour lines, limiting the mapping of mines above or below
this mine to those within 100 feet of the vein being mined.
Docket No.: M-96-027-C.
FR Notice: 61 FR 20543.
Petitioner: West End Coal Company, Deep Mine.
Reg Affected: 30 CFR 75.360.
Summary of Findings: Petitioner's proposal to visually examine each
seal for physical damage from the slope gunboat during the preshift
examination after an air quantity reading is taken inby the intake
portal and to test for the quantity and quality of air at the intake
air split locations off the slope in the gangway portion of the working
section, and to physically examine the entire length of the slope once
a month considered acceptable alternative method. Granted for the Last
Chance Slope Mine with conditions for examinations of seals (conducted
from the gunboat) in the intake air haulage slope of this mine.
Docket No.: M-96-028-C.
FR Notice: 61 FR 20543.
Petitioner: West End Coal Company, Deep Mine.
Reg Affected: 30 CFR 75.335.
Summary of Findings: Petitioner's proposal to construct seals 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 criterion 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 for the Last Chance
Slope Mine with conditions for seals installed in this mine.
Docket No.: M-96-029-C.
FR Notice: 61 FR 20544.
Petitioner: West End Coal Company, Deep Mine.
Reg Affected: 30 CFR 75.1100.
Summary of Findings: Petitioner's proposal to use only portable
fire extinguishers to replace existing requirements where rock dust,
water cars, and other water storage are not practical considered
acceptable alternative method. Granted for the Last Chance Slope Mine
with conditions for firefighting equipment in the working section.
Docket No.: M-96-031-C.
FR Notice: 61 FR 20544.
Petitioner: Eighty-Four Mining Company.
Reg Affected: 30 CFR 75.1100-2(e).
Summary of Findings: Petitioner's proposal to use two portable fire
extinguishers or one portable fire extinguisher with twice the required
capacity at each temporary electrical installation instead of using one
fire extinguisher and rock dust at temporary electrical installations
considered acceptable alternative method. Granted for Mine 84 with
conditions for the temporary electrical installations provided the
Petitioner maintains two portable fire extinguishers having at least
the minimum capacity specified for a portable fire extinguisher in 30
CFR 75.1100-1(e) at each of the temporary electrical installations.
Docket No.: M-96-036-C.
FR Notice: 61 FR 33140.
Petitioner: Kade Coal Company, Inc.
Reg Affected: 30 CFR 77.214(a).
Summary of Findings: Petitioner's proposal to cover several entries
at each abandoned mine opening with coarse refuse material during
construction of a refuse fill considered acceptable alternative method.
Granted for Mine No. 2 with conditions.
Docket No.: M-96-044-C.
FR Notice: 61 FR 33141.
Petitioner: Consolidation Coal Company.
Reg Affected: 30 CFR 75.364(b)(1).
Summary of Findings: Petitioner's proposal to establish two check
points, one inby and one outby the affected area; to maintain these
check points in a safe condition at all times; to have a certified
person test for methane and the quantity of air on a weekly basis at
both check points; and to have the person making such examinations
record the results with their initials and date in a record book kept
on the surface and made accessible to interested parties considered
acceptable alternative method. Granted for the Loveridge No. 22 Mine
with conditions for the ``unsafe to travel'' 60-foot segment of the
intake aircourse which has ventilated the battery charging station (old
inside shop) near Sugar Run Shaft.
Docket No.: M-96-045-C.
FR Notice: 61 FR 33141.
Petitioner: Elk Run Coal Company.
Reg Affected: 30 CFR 75.503.
Summary of Findings: Petitioner's proposal to use permanently
installed spring-loaded locking devices to secure battery plugs on
mobile equipment instead of padlocks to maintain equipment in
permissible condition in accordance with 30 CFR 18.41 considered
acceptable alternative method. Granted for the Castle Mine; Bishop No.
2 Mine; Black King No. 1/North Portal Mine; White Knight Mine; Laurel
Eagle Mine; Laurel Alma Mine; and Black King No. 1 Mine with conditions
for the use of permanently installed spring-loaded locking devices in
lieu of padlocks on battery plugs.
Docket No.: M-96-047-C.
FR Notice: 61 FR 38785.
Petitioner: Pilgrim Mining Company, Inc.
Reg Affected: 30 CFR 75.901.
Summary of Findings: Petitioner's proposal to allow the use of a
150 KW diesel generator set, Serial Number 94-E5913 considered
acceptable alternative method. At the request of the petitioner,
previous MSHA docket numbers M-96-048-C through M-96-051-C were
withdrawn and M-96-047-C was modified to include the mines covered by
these petitions. Granted for the Pegasus Mine, 1-C Mine, White Cabin
No. 1 Mine, White Cabin No. 2 Mine, Pilgrim Mine No. 3, and Voyager
Mine No. 2 with conditions for the 480-volt, three-phase, 150 KW diesel
powered generator set.
Docket No.: M-96-052-C.
FR Notice: 61 FR 38786.
Petitioner: Martin County Coal Corporation.
Reg Affected: 30 CFR 75.701.
Summary of Findings: Petitioner's proposal to allow the use of a
100 KW diesel generator set, Serial Number 94-E5260 considered
acceptable alternative method. At the request of the petitioner,
previous MSHA docket numbers M-96-053-C through M-96-056-C were
withdrawn and M-96-052-C was modified to include the mines covered by
these petitions. Granted for the Pegasus Mine, 1-C Mine, White Cabin
No. 1 Mine, White Cabin No. 2 Mine, Pilgrim Mine No. 3, and Voyager
conditions for the 480-volt, three-phase, 150-KW diesel powered
generator set.
Docket No.: M-96-058-C.
FR Notice: 61 FR 38786.
Petitioner: Windsor Coal Company.
Reg Affected: 30 CFR 75.1700.
Summary of Findings: Petitioner's proposal to clean out and plug
oil and gas wells using specific techniques and procedures as outlined
in the petition and to mine through the plugged oil or gas well
considered acceptable alternative method. Granted for the Windsor Mine
with conditions for mining through plugged oil or gas wells
[[Page 63396]]
penetrating the Pittsburgh No. 8 Coal Seam.
Docket No.: M-96-063-C.
FR Notice: 61 FR 38787.
Petitioner: Enlow Fork Mining Company.
Reg Affected: 30 CFR 75.503.
Summary of Findings: Petitioner's proposal to increase the maximum
length of the loading machine, shuttle car, roof bolter, and section
ventilation fan trailing cables to 900 feet while developing four-entry
longwall panels; to provide training before alternative method is
implemented to all miners designated to examine the integrity of seals
and verify the short-circuit settings and proper procedures for
examining trailing cables for damage considered acceptable alternative
method. Granted for the Enlow Fork Mine with conditions.
Docket No.: M-96-065-C.
FR Notice: 61 FR 38787.
Petitioner: West Cameron Mining.
Reg Affected: 30 CFR 75.1200(d) & (i).
Summary of Findings: Petitioner's proposal to use cross-sections
instead of contour connections between veins, and at 1,000-foot
intervals of advance from the intake slope and to limit the required
mapping of the mine workings above and below to those present within
100 feet of the veins being mined except when veins are interconnected
to other veins beyond the 100-foot limit through rock tunnel considered
acceptable alternative method. Granted for the Lenig Tunnel Mine with
conditions for the use of cross sections, in lieu of contour lines,
limiting the mapping of mines above or below this mine to those within
100 feet of the vein being mined.
Docket No.: M-96-066-C.
FR Notice: 61 FR 38787.
Petitioner: West Cameron Mining.
Reg Affected: 30 CFR 75.1202-1(a).
Summary of Findings: Petitioner's proposal to revise and supplement
mine maps on an annual basis instead of the required 6 month interval
and to update maps daily by hand notations considered acceptable
alternative method. Granted for the Lenig Tunnel Mine with conditions
for annual revisions and supplements of the mine map.
Docket No.: M-96-067-C.
FR Notice: 61 FR 38787.
Petitioner: West Cameron Mining.
Reg Affected: 30 CFR 75.1405.
Summary of Findings: Petitioner's proposal to use bar and pin or
link and pin couplers on its underground haulage equipment considered
acceptable alternative method. Granted for the Lenig Tunnel Mine with
conditions.
Docket No.: M-96-069-C.
FR Notice: 61 FR 38788.
Petitioner: Cyprus Emerald Resources Corporation.
Reg Affected: 30 CFR 75.507.
Summary of Findings: Petitioner's proposal to use a non-permissible
pump in the longwall bleeder pump located near the No. 3 Bleeder shaft,
No. 6 Return shaft, and all future and/or bleeder shafts as they are
developed considered acceptable alternative method. Granted for the
Emerald No. 1 Mine with conditions for a submersible pump installed in
the No. 3 bleeder shaft.
Docket No.: M-96-070-C.
FR Notice: 61 FR 38788.
Petitioner: Consolidation Coal Company.
Reg Affected: 30 CFR 75.804(a).
Summary of Findings: Petitioner's proposal to use high-voltage
cable with an internal ground check conductor smaller than No. 10
(A.W.G.) as a part of its longwall mining system considered acceptable
alternative method. Granted for the Loveridge No. 22 Mine's longwall
system with conditions.
Docket No.: M-96-071-C.
FR Notice: 61 FR 38788.
Petitioner: Genwal Resources, Inc.
Reg Affected: 30 CFR 75.350.
Summary of Findings: Petitioner's proposal to use belt haulage
entries as intake air courses to ventilate active working places and to
install a low-level 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 for the
Crandall Canyon Mine with conditions for use of belt air in two-entry
mining systems.
Docket No.: M-96-072-C.
FR Notice: 61 FR 47192.
Petitioner: Old Ben Coal Company.
Reg Affected: 30 CFR 75.382(a).
Summary of Findings: Petitioner's proposal to continue using its
existing escape facilities in both the material and belt slopes
considered acceptable alternative method. Granted for the Spartan Mine
with conditions for the slope conveyor belt, operated as a mechanical
escape facility in the mine's return air alternative escapeway.
Docket No.: M-96-073-C.
FR Notice: 61 FR 47192.
Petitioner: Left Fork Mining, Inc.
Reg Affected: 30 CFR 75.1103-4(a).
Summary of Findings: Petitioner's proposal to use one carbon
monoxide monitoring device for monitoring a belt head and tailpiece
when located adjacent to each other considered acceptable alternative
method. Granted for the Straight Creek No. 1 Mine with conditions for
the use of a carbon monoxide monitoring system that identifies the
location of sensors in lieu of identifying belt flights.
Docket No.: M-96-074-C.
FR Notice: 61 FR 47192.
Petitioner: Boone Resources, Inc.
Reg Affected: 30 CFR 75.1700.
Summary of Findings: Petitioner's proposal to clean out and plug
oil and gas wells using specific techniques and procedures as outlined
in the petition and to mine through the plugged oil or gas well
considered acceptable alternative method. Granted for the Boone No. 1
Mine with conditions for plugging of gas wells and the mining-through
of plugged gas wells.
Docket No.: M-96-088-C.
FR Notice: 61 FR 47193.
Petitioner: Stephen Shingara Jr. Coal Company.
Reg Affected: 30 CFR 75.1400.
Summary of Findings: Petitioner's proposal to use a slope
conveyance (gunboat) in transporting persons without installing safety
catches or other no less effective devices but instead use an increased
rope strength/safety factor and secondary safety rope connection in
place of such devices considered acceptable alternate method. Granted
for the No. 1 Slope Mine with conditions for the use of the gunboat
without safety catches.
Docket No.: M-96-089-C.
FR Notice: 61 FR 47194.
Petitioner: Mountain Coal Company.
Reg Affected: 30 CFR 75.1100-2(e)(2).
Summary of Findings: Petitioner's proposal to use two portable fire
extinguishers or one portable fire extinguisher with twice the required
capacity at each temporary electrical installation instead of using one
fire extinguisher and rock dust at temporary electrical installations
considered acceptable alternative method. Granted for the West Elk Mine
with conditions for the temporary electrical installations, provided
the Petitioner maintains two portable fire extinguishers having at
least the minimum capacity specified for a portable fire extinguisher
in 30 CFR 75.1100-1(e) at each of the temporary electrical
installations.
Docket No.: M-96-102-C.
FR Notice: 61 FR 57458.
Petitioner: CONSOL of Kentucky, Inc.
Reg Affected: 30 CFR 75.1101-8.
Summary of Findings: Petitioner's proposal to use a single overhead
pipe system with 1/2-inch orifice automatic sprinklers located on 10-
foot centers, to cover 50 feet of fire-resistant belt or 150 feet of
nonfire-resistant belt with
[[Page 63397]]
actuation temperatures between 200 degrees and 250 degrees fahrenheit
and with water pressure equal to or greater than 10 psi, so that the
discharge of water would extend over the belt drive, belt take-up,
electrical control, and gear reducing unit considered acceptable
alternative method. Granted for the Mill Creek E-3 Mine with conditions
for a single overhead pipe sprinkler system.
Docket No.: M-96-106-C.
FR Notice: 61 FR 57459.
Petitioner: S & M Coal Company.
Reg Affected: 30 CFR 75.1002-1(a).
Summary of Findings: Petitioner's proposal to use nonpermissible
electric equipment within 150 feet of the pillar line and to suspend
equipment operation anytime methane concentration at the equipment
reaches 0.5 percent, either during operation or during a pre-shift
examination considered acceptable alternative method. Granted for the
Buck Mountain Slope Mine with conditions for the use of non-permissible
electric drags and associated non-permissible electric components
located within 150 feet from pillar workings.
Docket No.: M-96-108-C.
FR Notice: 61 FR 57459.
Petitioner: Maple Creek Mining, Inc.
Reg Affected: 30 CFR 75.1002.
Summary of Findings: Petitioner's proposal to use longwall panels
with a maximum width not to exceed 1,000 feet and a maximum length not
to exceed 14,000 feet considered acceptable alternative method. Granted
for the Maple Creek Mine with conditions for the high-voltage equipment
located in the Maple Creek Mine.
Docket No.: M-96-140-C.
FR Notice: 61 FR 64374.
Petitioner: Drummond Company, Inc.
Reg Affected: 30 CFR 75.1100-2(e).
Summary of Findings: Petitioner's proposal to use two portable fire
extinguishers at each temporary electrical installation instead of
using one fire extinguisher and 240 pounds of rock dust at each
electrical installation considered acceptable alternative method.
Granted for the Shoal Creek Mine with conditions for the temporary
electrical installations.
Docket No.: M-96-143-C.
FR Notice: 62 FR 421.
Petitioner: Minton Hickory Coal Company.
Reg Affected: 30 CFR 75.380(f)(4)(i).
Summary of Findings: Petitioner's proposal to install two five
pound or one ten pound portable fire extinguisher in the operator deck
of each Mescher Tractor operated at the mine; to have the fire
extinguisher readily accessible to the operator; and to have the
equipment operator inspect each fire extinguisher daily prior to
entering the escapeway considered acceptable alternative method.
Granted for the Mine No. 9 with conditions for Mescher three wheel
tractors to be operated in the primary intake escapeway.
Docket No.: M-96-144-C.
FR Notice: 62 FR 421.
Petitioner: Minton Hickory Coal Company.
Reg Affected: 30 CFR 75.342.
Summary of Findings: Petitioner's proposal to use hand-held
continuous-duty methane and oxygen detectors instead of machine mounted
methane monitoring systems on permissible three-wheel tractors with
drag bottom buckets considered acceptable alternative method. Granted
for Mine No. 9 with conditions for the Mescher permissible three-wheel
battery-powered tractors used to load coal.
Docket No.: M-96-145-C.
FR Notice: 62 FR 421.
Petitioner: F-M Coal Company.
Reg Affected: 30 CFR 75.342.
Summary of Findings: Petitioner's proposal to use hand-held
continuous-duty methane and oxygen detectors instead of machine mounted
methane monitoring systems on permissible three-wheel tractors with
drag bottom buckets considered acceptable alternative method. Granted
for Mine No. 2 with conditions for the Mescher permissible three-wheel
battery-powered tractors used to load coal.
Docket No.: M-96-147-C.
FR Notice: 62 FR 421.
Petitioner: Old Ben Coal Company.
Reg Affected: 30 CFR 75.900.
Summary of Findings: Petitioner's proposal to use contractors
capable of dropping out at 40-60 percent the voltage loss on belt
starting equipment in the Mine's New Main East and New Main South
Development areas instead of using undervoltage release breakers for
undervoltage protection considered acceptable alternative method.
Granted for the Ziegler No. 11 Mine with conditions.
Docket No.: M-96-148-C.
FR Notice: 62 FR 421.
Petitioner: Jim Walter Resources, Inc.
Reg Affected: 30 CFR 75.1002.
Summary of Findings: Petitioner's proposal to provide the high-
voltage circuit from the longwall power center to the longwall
controller with short circuit protection set at not more than 2,500
amperes or the value of current indicated in the Longwall Approval Plan
and to permit a time delay of not more than 0.25 second for
coordination with downstream short-circuit protection devices or the
time delay specified in the Longwall Approval Plan considered
acceptable alternative method. Granted for the No. 7 Mine with
conditions.
Docket No.: M-96-149-C.
FR Notice: 62 FR 421.
Petitioner: Eighty-Four Mining Company.
Reg Affected: 30 CFR 75.507.
Summary of Findings: Petitioner's proposal to use non-permissible
submersible pumps to dewater a pump in which it is installed; to
operate the pumps on a 480-volt three-phase alternating-current
electrical power circuit with power supplied from a resistor grounded
wye transformer; and to protect the pumps with a line power ground
fault, pilot combination unit considered acceptable alternative method.
Granted for the Mine No. 84 with conditions for a submersible pump
installed in return shafts or boreholes in Mine 84.
Docket No.: M-96-152-C.
FR Notice: 62 FR 422.
Petitioner: Road Fork Development Company.
Reg Affected: 30 CFR 75.503.
Summary of Findings: Petitioner's proposal to use permanently
installed spring-loaded locking device to secure battery plugs on
mobile equipment to prevent unintentional loosening of the battery
plugs from battery receptacles and to eliminate the hazards associated
with difficult removal of padlocks during emergency situations
considered acceptable alternative method. Granted for the Extra Energy
Company Mine, the Burnwell Energy Mine, the Pegs Branch Mine, and the
Calloway Mine with conditions for the use of permanently installed
spring-loaded locking devices in lieu of padlocks on battery plugs.
Docket No.: M-96-165-C.
FR Notice: 62 FR 423.
Petitioner: Bar-K, Inc.
Reg Affected: 30 CFR 75.503.
Summary of Findings: Petitioner's proposal to use a threaded ring
and a spring loaded device on battery plug connectors on mobile
battery-powered machines used inby the last open cross-cut to prevent
the plug connector from accidently disengaging while under load instead
of using a padlock considered acceptable alternative method. Granted
for the Camp Creek No. 1 Mine and the Sugar Tree No. 1 Mine with
conditions for the use of permanently installed spring-locked locking
devices in lieu of padlocks on battery plugs.
Docket No.: M-96-196-C.
FR Notice: 62 FR 4334.
Petitioner: Freedom Energy Mining Company.
[[Page 63398]]
Reg Affected: 30 CFR 75.503.
Summary of Findings: Petitioner's proposal to use permanently
installed spring-loaded locking device to secure battery plugs on
mobile equipment to prevent unintentional loosening of the battery
plugs from battery receptacles and to eliminate the hazards associated
with difficult removal of padlocks during emergency situations
considered acceptable alternative method. Granted for the No. 1 Mine
with conditions for the use of permanently installed spring-locked
locking devices in lieu of padlocks on battery plugs.
Docket No.: M-96-197-C.
FR Notice: 62 FR 4335.
Petitioner: Rockhouse Energy Mining Company.
Reg Affected: 30 CFR 75.503.
Summary of Findings: Petitioner's proposal to use permanently
installed spring-loaded locking device to secure battery plugs on
mobile equipment to prevent unintentional loosening of the battery
plugs from battery receptacles and to eliminate the hazards associated
with difficult removal of padlocks during emergency situations
considered acceptable alternative method. Granted for the Rockhouse
Mine No. 1 with conditions for the use of permanently installed spring-
locked locking devices in lieu of padlocks on battery plugs.
Docket No.: M-96-198-C.
FR Notice: 62 FR 4335.
Petitioner: Solid Energy Mining Company.
Reg Affected: 30 CFR 75.503.
Summary of Findings: Petitioner's proposal to use permanently
installed spring-loaded locking device to secure battery plugs on
mobile equipment to prevent unintentional loosening of the battery
plugs from battery receptacles and to eliminate the hazards associated
with difficult removal of padlocks during emergency situations
considered acceptable alternative method. Granted for Mine No. 1 with
conditions for the use of permanently installed spring-locked locking
devices in lieu of padlocks on battery plugs.
Docket No.: M-96-199-C.
FR Notice: 62 FR 4335.
Petitioner: Clean Energy Mining Company.
Reg Affected: 30 CFR 75.503.
Summary of Findings: Petitioner's proposal to use permanently
installed spring-loaded locking device to secure battery plugs on
mobile equipment to prevent unintentional loosening of the battery
plugs from battery receptacles and to eliminate the hazards associated
with difficult removal of padlocks during emergency situations
considered acceptable alternative method. Granted for Mine No. 1 with
conditions for the use of permanently installed spring-locked locking
devices in lieu of padlocks on battery plugs.
Docket No.: M-96-202-C.
FR Notice: 62 FR 4335.
Petitioner: Blue Mountain Energy, Inc.
Reg Affected: 30 CFR 75.1002.
Summary of Findings: Petitioner's proposal to use high-voltage
2,400-volt cables to power longwall mining equipment in the active
pillar workings, to implement additional safety features, and to train
all electrical personnel before the alternative method is implemented
considered acceptable alternative method. Granted for Deserado Mine
with conditions.
Docket No.: M-96-208-C.
FR Notice: 62 FR 11925.
Petitioner: Brookside Coal Company.
Reg Affected: 30 CFR 75.1002-1(a).
Summary of Findings: Petitioner's proposal to use nonpermissible
electric equipment within 150 feet of the pillar line and to suspend
equipment operation anytime methane concentration at the equipment
reaches 0.5 percent, either during operation or during a pre-shift
examination considered acceptable alternative method. Granted for the
Diamond Vein Slope Mine with conditions for the use of nonpermissible
battery-powered locomotives located within 150 feet from pillar
workings.
Docket No.: M-95-008-C.
FR Notice: 60 FR 11680.
Petitioner: Rothermel Coal Company.
Reg Affected: 30 CFR 75.360(b)(5).
Summary of Findings: Petitioner's proposal to examine each seal for
physical damage from the slope gunboat during the preshift examination
after an air quantity reading is taken in by the intake portal; to test
for the quantity and quality of air at the intake air split locations
off the slope in the gangway portion of the working section; and to
physically examine the entire length of the slope once a month
considered acceptable alternative method. Granted for the No. 11 Vein
Slope Mine with conditions for examinations of seals in the intake air
haulage slope of this mine.
Docket No.: M-95-009-C.
FR Notice: 60 FR 11680.
Petitioner: Rothermel Coal Company.
Reg Affected: 30 CFR 75.1100-2(a)(2).
Summary of Findings: Petitioner's proposal to use only portable
fire extinguishers to replace existing requirements where rock dust,
water cars, and other water storage are not practical considered
acceptable alternative method. Granted for the No. 11 Vein Slope Mine
with conditions for firefighting equipment in the working section.
Docket No.: M-95-010-C.
FR Notice: 60 FR 11680.
Petitioner: Rothermel Coal Company.
Reg Affected: 30 CFR 75.1200(d) & (i).
Summary of Findings: Petitioner's proposal 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 and to limit the required mapping of the
mine workings above and below to those present within 100 feet of the
veins being mined except when veins are interconnected to other veins
beyond the 100-foot limit through rock tunnels considered acceptable
alternative method. Granted for the No. 11 Vein Slope Mine with
conditions for use of cross sections, in lieu of contour lines,
limiting the mapping of mines above or below this mine to those within
100 feet of the vein being mined.
Docket No.: M-95-011-C.
FR Notice: 60 FR 11680.
Petitioner: Rothermel Coal Company.
Reg Affected: 30 CFR 75.1202-1(a).
Summary of Findings: Petitioner's proposal to revise and supplement
mine maps on an annual basis instead of the required 6 month interval
and to update maps daily by hand notations considered acceptable
alternative method. Granted for the No. 11 Vein Slope Mine with
conditions for annual revisions and supplements of the mine map.
Docket No.: M-95-116-C.
FR Notice: 60 FR 52217.
Petitioner: Amax Coal Company.
Reg Affected: 30 CFR 75.364(b)(2).
Summary of Findings: Petitioner's proposal to establish evaluation
points at crosscut #76 at the 3 South/4 East connection to monitor the
air entering the Old 3 South/4 East and 5 East from the 3 South /4 East
connection point and the Main South, and at crosscut #186 and #196 in
the Main South to monitor the air exiting the area; to have a certified
person test for methane and the quantity of air at each station on a
weekly basis and to record their initials, date, time, and results of
the examinations in a book kept on the surface and available to
inspection by interested persons considered acceptable alternative
method. Granted for the Wabash Mine with conditions for continuous
monitoring using intrinsically safe sensors installed through
appropriate electrical barriers of an Atmospheric Monitoring System
(AMS) and weekly evaluation of portions of the air entering and leaving
the dual sets of return entries of 5 East and 3 South/4 East return
aircourse.
Docket No.: M-95-156-C.
[[Page 63399]]
FR Notice: 60 FR 57025 and 60 FR 64079.
Petitioner: Amax Coal Company and Clipmate Corporation.
Reg Affected: 30 CFR 77.1303(y)(1).
Summary of Findings: Petitioner's proposal to use a protected
Rozdet open circuit detonator system at its Chinook Mine instead of
shunted electrical detonators; to package and store the detonator at
the mine in accordance with the U.S. Department of Transportation
Report, Reference Number EX-9309092; and to provide instructions in
each Rozdet package on the proper use of the Rozdet considered
acceptable alternative method. Granted for the Chinook Mine with
conditions for the use of protected open circuit detonators.
Docket No.: M-95-166-C.
FR Notice: 60 FR 64080.
Petitioner: Cyprus Plateau Mining Corporation.
Reg Affected: 30 CFR 75.350.
Summary of Findings: Petitioner's proposal to use belt entry in its
longwall development entries as a return entry during longwall
development and to use the belt entry as an intake entry during
longwall retreat mining and in some mains during and after development;
and to install carbon monoxide detectors as an early warning fire
detection system in the longwall panel intake escapeway entry and the
panel belt entry used as a return air course considered acceptable
alternative method. Granted for the Willow Creek Mine with conditions
for use of belt air in two-entry mining systems.
Docket No.: M-95-168-C.
FR Notice: 60 FR 64081.
Petitioner: Cyprus Plateau Mining Corporation.
Reg Affected: 30 CFR 75.352.
Summary of Findings: Petitioner's proposal to use the belt entry in
its longwall development entries as a return entry during longwall
development; and to install carbon monoxide detectors as an early
warning fire detection system in the longwall panel intake escapeway
entry and the panel belt entry used as a return air course considered
acceptable alternative method. Granted for the Willow Creek Mine with
conditions for use of a conveyor belt in a return air course during
development of a two-entry mining system.
Docket No.: M-95-169-C.
FR Notice: 61 FR 8304.
Petitioner: Mackie J. Coal Company, Inc.
Reg Affected: 30 CFR 75.1710-1.
Summary of Findings: Petitioner's proposal to use self-propelled
electric face equipment without cabs or canopies in mining heights of
48 inches or less considered acceptable alternative method. Granted for
the Mine No. 4 with conditions for the two Fletcher and Lee Norse roof
bolting machines, three Joy center drive shuttle cars, one Joy
continuous mining machine, and two S & S scoops, in mining heights less
than 48 inches.
Docket No.: M-95-173-C.
FR Notice: 61 FR 8305.
Petitioner: Genwal Resources, Inc.
Reg Affected: 30 CFR 75.352.
Summary of Findings: Petitioner's proposal to use belt air in a
two-entry mining system and to install a low-level carbon monoxide
detection system as an early warning fire detection system in the
intake escapeway entry and the belt entry considered acceptable
alternative method. Granted for the Crandall Canyon Mine with
conditions for use of the conveyor belt in a return aircourse during
development of a two-entry mining system.
Docket No.: M-95-175-C.
FR Notice: 61 FR 8305.
Petitioner: Philippi Development, Inc.
Reg Affected: 30 CFR 75.503.
Summary of Findings: Petitioner's proposal to increase the maximum
length of its trailing cables to 900 feet for supplying power to
shuttle cars, roof bolters and mobile roof supports considered
acceptable alternative method. Granted for the Sentinel Mine with
conditions for shuttle cars, roof bolters and mobile roof supports used
in the Sentinel mine.
Docket No.: M-95-177-C.
FR Notice: 61 FR 8305.
Petitioner: McElroy Coal Company.
Reg Affected: 30 CFR 75.804(a).
Summary of Findings: Petitioner's proposal to use a high-voltage
cable with an internal ground check conductor smaller than No. 10
(A.W.G.) as part of its 4,160-volt longwall mining system considered
acceptable alternative method. Granted for the McElroy Mine with
conditions for McElroy Coal Company's, McElroy Mine's longwall system.
Docket No.: M-95-181-C.
FR Notice: 61 FR 8306.
Petitioner: Philippi Development, Inc.
Reg Affected: 30 CFR 75.350.
Summary of Findings: Petitioner's proposal to install carbon
monoxide detectors as an early warning fire detection system in all
belt entries used as intake air courses considered acceptable
alternative method. Granted for the Sentinel Mine with conditions to
allow air coursed through conveyor belt entries to be used to ventilate
working places.
Docket No.: M-94-043-C.
FR Notice: 59 FR 24728.
Petitioner: Little Rock Coal Company.
Reg Affected: 30 CFR 75.364(b)(1), (4), and (5).
Summary of Findings: Petitioner's proposal to examine the intake
haulage slope and primary escapeway from the gunboat/slope car with an
alternative air quality evaluation at the section's intake level, and
to travel and thoroughly examine these areas for hazardous conditions
less frequently considered acceptable alternative method. Granted for
the Lykens Valley #1 Vein Slope Mine with conditions for 30 CFR
75.364(b)(4), to conduct examinations of the seals located along the
return and bleeder air courses from the ladder on a weekly basis, not
monthly as proposed by petitioner.
Docket No.: M-94-048-C.
FR Notice: 59 FR 24728.
Petitioner: K & L Coal Company.
Reg Affected: 30 CFR 75.364(b)(1), (4), and (5).
Summary of Findings: Petitioner's proposal to examine the intake
haulage slope and primary escapeway from the gunboat/slope car with an
alternative air quality evaluation at the section's intake level, and
to travel and thoroughly examine these areas for hazardous conditions
less frequently considered acceptable alternative method. Granted for
the No. 1 Slope Mine with conditions for 30 CFR 75.364(b)(4), to
conduct examinations of the seals located along the return and bleeder
air courses from the ladder on a weekly basis, not monthly as proposed
by petitioner.
Docket No.: M-94-074-C.
FR Notice: 59 FR 35147.
Petitioner: Chestnut Coal Company.
Reg Affected: 30 CFR 75.364(b)(1), (4), and (5).
Summary of Findings: Petitioner's proposal to examine the intake
haulage slope and primary escapeway from the gunboat/slope car with an
alternative air quality evaluation at the section's intake level, and
to travel and thoroughly examine these areas for hazardous conditions
less frequently considered acceptable alternative method. Granted for
the No. 10 Slope Mine with conditions for 30 CFR 75.364(b)(4), to
conduct examinations of the seals located along the return and bleeder
air courses from the ladder on a weekly basis, not monthly as proposed
by petitioner.
Docket No.: M-94-091-C.
FR Notice: 59 FR 35149.
Petitioner: Shadle Coal Company.
Reg Affected: 30 CFR 75.364(b)(1), (4), and (5).
[[Page 63400]]
Summary of Findings: Petitioner's proposal to examine the intake
haulage slope and primary escapeway from the gunboat/slope car with an
alternative air quality evaluation at the section's intake level, and
to travel and thoroughly examine these areas for hazardous conditions
less frequently considered acceptable alternative method. Granted for
the Shadle Slope Mine with conditions for 30 CFR 75.364(b)(4), to
conduct examinations of the seals located along the return and bleeder
air courses from the ladder on a weekly basis, not monthly as proposed
by petitioner.
Docket No.: M-94-103-C.
FR Notice: 59 FR 40924.
Petitioner: H.L. & W. Coal Company.
Reg Affected: 75.364(b)(1), (4), and (5).
Summary of Findings: Petitioner's proposal to examine the intake
haulage slope and primary escapeway from the gunboat/slope car with an
alternative air quality evaluation at the section's intake level, and
to travel and thoroughly examine these areas for hazardous conditions
less frequently considered acceptable alternative method. Granted for
the No. 2 Slope Mine with conditions for 30 CFR 75.364(b)(4), to
conduct examinations of the seals located along the return and bleeder
air courses from the ladder on a weekly basis, not monthly as proposed
by petitioner.
Docket No.: M-93-060-C.
FR Notice: 58 FR 29640.
Petitioner: Quarto Mining Company.
Reg Affected: 30 CFR 75.380(d)(4).
Summary of Findings: Petitioner's proposal to reroute portions of
the alternative and primary escapeways; to use the primary escapeway in
case of an emergency; and if the escapeway is impassible to deenergize
the longwall machinery and belt haulage while transporting injured
persons considered acceptable alternative method. Granted for the
Powhatan No. 4 Mine with conditions for the conveyor belt entry of each
retreating longwall section.
Docket No.: M-93-110-C.
FR Notice: 58 FR 39238.
Petitioner: Wenrich Coal Company.
Reg Affected: 30 CFR 75.364(b)(1), (4), and (5).
Summary of Findings: Petitioner's proposal to examine the intake
haulage slope and primary escapeway from the gunboat/slope car with an
alternative air quality evaluation at the section's intake level, and
to travel and thoroughly examine these areas for hazardous conditions
less frequently considered acceptable alternative method. Granted for
the Buck Mountain Slope Mine with conditions for 30 CFR 75.364(b)(4),
to conduct examinations of the seals located along the return and
bleeder air courses from the ladder on a weekly basis, not monthly as
proposed by petitioner.
Docket No.: M-93-130-C.
FR Notice: 58 FR 39240.
Petitioner: M & S Coal Company.
Reg Affected: 30 CFR 75.332(b)(1) and (b)(2).
Summary of Findings: Petitioner's proposal to use air passing
through inaccessible abandoned workings and additional areas by mixing
with the air in the intake haulage slope to ventilate the only active
working section, to ensure air quality by sampling intake air during
pre-shift and on-shift examinations, and to suspend mine production
when air quality fails to meet specified criteria considered acceptable
alternative method. Granted for the Buck Mountain Slope Mine with
conditions for the quality of air used to ventilate the Buck Mountain
Slope Mine.
[FR Doc. 97-31154 Filed 11-26-97; 8:45 am]
BILLING CODE 4510-43-P