[Federal Register Volume 64, Number 242 (Friday, December 17, 1999)]
[Notices]
[Pages 70730-70731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32748]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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 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: December 9, 1999.
Carol J. Jones,
Acting Director, Office of Standards, Regulations and Variances.

Affirmative Decisions on Petitions for Modification.

    Docket No.: M-1999-020-C.
    FR Notice: 64 FR 23874.
    Petitioner: Webster County Coal Corporation.
    Regulation Affected: 30 CFR 75.701.
    Summary of Findings: Petitioner's proposal is to use a, 480-volt, 
three phase, 200KW diesel generator system for moving equipment in and 
out of the Dotiki Mine and performing rehab work outby section loading 
points. This is considered an acceptable alternative method for the 
Dotiki Mine. MSHA grants the petition for modification for the Dotiki 
Mine with conditions.

    Docket No.: M-1999-041-C.
    FR Notice: 64 FR 32553.
    Petitioner: Five Star Mining, Inc.
    Regulation Affected: 30 CFR 75.1700.
    Summary of Findings: Petitioner's proposal is to plug oil and gas 
wells and then mine through or near the plugged wells whenever the 
safety barrier diameter is reduced to a distance less than the District 
Manager will approve under 30 CFR 75.1700. This is considered an 
acceptable alternative method for the Prosperity Mine. MSHA grants the 
petition for modification for the Prosperity Mine with conditions.

    Docket No.: M-1999-054-C.
    FR Notice: 64 FR 41139.
    Petitioner: Consolidation Coal Company.
    Regulation Affected: 30 CFR 75.1909(b)(6).
    Summary of Findings: Petitioner's proposal is to operate the diesel 
grader without individual service brakes on all grader drive wheels. 
This is considered an acceptable alternative method for the Rend Lake 
Mine. MSHA grants the petition for modification for the Rend Lake Mine 
with conditions.

    Docket No.: M-1999-060-C.
    FR Notice: 64 FR 41140.
    Petitioner: Peabody Coal Company.
    Regulation Affected: 30 CFR 75.1909(b)(6).
    Summary of Findings: Petitioner's proposal is to use its diesel 
grader underground with only rear wheel brakes instead of using front 
wheel brakes, limit the grader speed to a maximum of 10 miles per hour, 
and train grader operators to drop the grader blade in the event the 
brakes fail. This is considered an acceptable alternative method for 
the Marissa Mine. MSHA grants the petition for modification for the 
Marissa Mine with conditions.

    Docket No.: M-1999-061-C.
    FR Notice: 64 FR 41140.
    Petitioner: Performance Coal Company.
    Regulation Affected: 30 CFR 75.1002.
    Summary of Findings: Petitioner's proposal is to use a nominal 
voltage of power circuits not to exceed 2,400 volts to supply power to 
high-voltage continuous miner located inby the last open crosscut or 
within 150 feet from pillar workings. This is considered an acceptable 
alternative method for the Upper Big Branch Mine-South. MSHA grants the 
petition for modification for the Upper Big Branch Mine-South with 
conditions.

    Docket No.: M-1999-063-C.
    FR Notice: 64 FR 49246.
    Petitioner: Bowie Resources Limited.
    Regulation Affected: 30 CFR 75.1002.
    Summary of Findings: Petitioner's proposal is to use a nominal 
voltage of longwall power circuits not to exceed 2,400 volts to supply 
power to the permissible high-voltage longwall mining equipment inby 
the last open crosscut. This is considered an acceptable alternative 
method for the Bowie Mine No. 2. MSHA grants the petition for 
modification for the Bowie Mine No. 2 with conditions.


[[Page 70731]]


    Docket No.: M-1999-068-C.
    FR Notice: 64 FR 49247.
    Petitioner: Peabody Coal Company.
    Regulation Affected: 30 CFR 75.1909(b)(6).
    Summary of Findings: Petitioner's proposal is to use its diesel 
grader underground with only rear wheel brakes instead of brake on each 
wheel, limit the grader speed to 10 miles per hour maximum and train 
grader operators to drop the grader blade if the brakes fail. This is 
considered an acceptable alternative method for the Camp No. 11 Mine. 
MSHA grants the petition for modification for the Camp No. 11 Mine with 
conditions.

    Docket No.: M-1999-069-C.
    FR Notice: 64 FR 49247.
    Petitioner: The American Coal Company.
    Regulation Affected: 30 CFR 75.1909(b)(6).
    Summary of Findings: Petitioner's proposal is to operate its Getman 
Roadbuilders diesel graders, serial number 6187 and 6547, without front 
brakes but instead use the factory installed brake system on only the 
rear wheels because using front wheel brakes will result in a 
diminution of safety. This is considered an acceptable alternative 
method for the Galatia Mine. MSHA grants the petition for modification 
for the Galatia Mine with conditions.

    Docket No.: M-1999-071-C.
    FR Notice: 64 FR 49247.
    Petitioner: Turris Coal Company.
    Regulation Affected: 30 CFR 75.1909(b)(6).
    Summary of Findings: Petitioner's proposal is to use an alternative 
method of installing front brakes on its six wheeled grader, limit the 
maximum speed of the grader to less than 10 miles per hour, provide 
training for grader operator on lowering the moldboard for additional 
stopping capability in emergencies, train grader operators on the 
appropriate speeds to use on different roadway conditions and slopes. 
This is considered an acceptable alternative method for the Elkhart 
Mine. MSHA grants the petition for modification for the Elkhart Mine 
with conditions.

    Docket No.: M-98-103-C.
    FR Notice: 64 FR 2520.
    Petitioner: Consol of Kentucky, Incorporated.
    Regulation Affected: 30 CFR 75.701.
    Summary of Findings: Petitioner's proposal is to use a low- and 
medium voltage, three-phase, alternating current from a portable, 188KW 
diesel-driven generator and to connect the neutral of the generator's 
transformer secondary through a suitable resistor to the frame of the 
diesel generator. This is considered an acceptable alternative method 
for the Mill Creek E-3 Mine, Loves Branch-h4 Mine, E3RF Mine, Big 
Springs #17 Mine, Motts Branch Mine, and Big Springs E-1 Mine. MSHA 
grants the petition for modification with conditions.

    Docket No.: M-98-084-C.
    FR Notice: 63 FR 58430.
    Petitioner: Consol of Kentucky, Incorporated.
    Regulation Affected: 30 CFR 75.901(a).
    Summary of Findings: Petitioner's proposal is to derive a low- and 
medium voltage three-phase, alternating current for use underground 
from a portable, diesel-driven generator and to connect the neutral of 
the generator's transformer secondary through a suitable resistor to 
the frame of the diesel generator and the frame of the generator 
solidly connected to a borehole casing, metal waterline, or a grounding 
conductor with a low resistance to earth. This is considered an 
acceptable alternative method for the Mill Creek E-3 Mine, Loves 
Branch-h4 Mine, E3RF Mine, Big Springs #17 Mine, Motts Branch Mine, and 
Big Springs E-1 Mine. MSHA grants the petition for modification with 
conditions.

    Docket No.: M-98-078-C.
    FR Notice: 63 FR 48766.
    Petitioner: Webster County Coal Corporation.
    Regulation Affected: 30 CFR 75.901(a).
    Summary of Findings: Petitioner's proposal is to use an alternative 
method for its 480 volt, three-phase, 200KW diesel powered generator 
that will provide low- and medium voltage three-phase circuits and 
grounding protection. This is considered an acceptable alternative 
method for the Dotiki Mine. MSHA grants the petition for modification 
for the Dotiki Mine with conditions.

    Docket No.: M-1999-002-M.
    FR Notice: 64 FR 23874.
    Petitioner: ASARCO, Inc.
    Regulation Affected: 30 CFR 57.14100(a).
    Summary of Findings: Petitioner's request is to modify the standard 
to permit continued use of its preshift procedures already in place. 
The petitioner's proposal is to have a qualified and competent driver 
preshift inspect its buses for the oncoming shift and have the operator 
drive the bus to the fuel island after the bus is thoroughly inspected, 
fuel the bus, drive it back to the pit office, and report any defects 
to the maintenance department for repair before the bus is placed into 
service instead of having individual drivers conduct inspections for 
their prospective bus. This is considered an acceptable alternative 
method for the Ray Complex Mine. MSHA grants the petition for 
modification for the Ray Complex Mine with conditions.

    Docket No.: M-91-05-M.
    FR Notice: 56 FR.
    Petitioner: Solvey Minerals, Inc.
    Regulation Affected: 30 CFR 57.22305.
    Summary of Findings: Petitioner's proposal is to amend its 
previously granted petition for modification, docket number M-91-05-M 
to use specific non-permissible tools or their equivalent in or beyond 
the last open crosscut. The petitioner proposes to add another non-
permissible tool to condition No. 1 of the granted petition for 
modification and update the list of approved methane monitors that can 
be used at the mine. This amendment to the petition will allow 
flexibility as to which approved methane monitors can be used. This is 
considered an acceptable alternative method for the Solvay Minerals, 
Inc. Mine. MSHA grants amendment to the previously granted petition for 
the Solvay Minerals, Inc. Mine with conditions.

[FR Doc. 99-32748 Filed 12-16-99; 8:45 am].
BILLING CODE 4510-43-U.