[Federal Register Volume 64, Number 206 (Tuesday, October 26, 1999)]
[Notices]
[Pages 57659-57661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27854]


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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 of the Federal Mine Safety and Health Act of 
1977, the Secretary of Labor (Secretary) may allow the modification of 
the application of a mandatory safety standard to a mine if the 
Secretary determines either that an alternate method exists at a 
specific mine that will guarantee no less protection for the miners 
affected than that provided by the standard, or that the application of 
the standard at a specific mine will result in a diminution of safety 
to the affected miners.
    Final decisions on these petitions are based upon the petitioner's 
statements, comments and information submitted by interested persons, 
and where required a field investigation of the conditions at the mine. 
MSHA, as designee of the Secretary, has granted or partially granted 
the requests for modification listed below. In some instances, the 
decisions are conditioned upon compliance with stipulations stated in 
the decision. The term ``FR Notice'' appears in the list of affirmative 
decisions below. The term refers to the Federal Register volume and 
page where MSHA published a notice of the filing of the petition for 
modification.

FOR FURTHER INFORMATION: Petitions and copies of the final decisions 
are available for examination by the public in the Office of Standards, 
Regulations, and Variances, MSHA, Room 627, 4015 Wilson Boulevard, 
Arlington, Virginia 22203. Contact Barbara Barron at 703-235-1910.

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

Affirmative Decisions on Petitions for Modification

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

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

[[Page 57660]]

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

    Docket No.: M-99-013-C.
    FR Notice: 64 FR 16761.
    Petitioner: Consolidation Coal Company.
    Regulation Affected: 30 CFR 75.1002-1(a).
    Summary of Findings: Petitioner's proposal is to use high-voltage 
(4,160 volt) cables to supply power to its longwall mining system inby 
the last open crosscut. This is considered an acceptable alternative 
method for the Rend Lake Mine, with conditions. MSHA grants the 
petition for modification for the Rend Lake Mine with conditions.
    Docket No.: M-99-016-C.
    FR Notice: 64 FR 23873.
    Petitioner: Consolidation Coal Company.
    Regulation Affected: 30 CFR 75.804(a).
    Summary of Findings: Petitioner's proposal is to use a high-voltage 
cable with an internal ground check conductor smaller than No. 10 
(A.W.G.) as part of its longwall mining system. This is considered an 
acceptable alternative method for the Rend Lake Mine, with conditions. 
MSHA grants the petition for modification for the Rend Lake Mine with 
conditions.

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

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

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

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

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

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


[[Page 57661]]


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

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

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

    Docket No.: M-97-147-C.
    FR Notice: 63 FR 5971.
    Petitioner: Jim Walter Resources, Inc.
    Regulation Affected: 30 CFR 75.364(b)(2).
    Summary of Findings: Petitioner's proposal is to establish 
evaluation points inby and outby the deteriorating return of the mine, 
and to have a certified person examine the evaluation points for 
methane and oxygen concentrations and the volume of air and record the 
results in a book maintained on the surface of the mine. This is 
considered an acceptable alternative method for the No. 3 Mine, with 
conditions. MSHA grants the petition for modification for the No. 3 
Mine with conditions.

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

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

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