[Federal Register Volume 68, Number 182 (Friday, September 19, 2003)]
[Notices]
[Pages 54917-54920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23910]


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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 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 CONTACT: Petitions and copies of the final 
decisions are available for examination by the public in the Office of 
Standards, Regulations, and Variances, MSHA, 1100 Wilson Boulevard, 
Room 2352, Arlington, Virginia 22209. Contact Barbara Barron at 202-
693-9447.


    Dated at Arlington, Virginia this 12th day of September 2003.
Marvin W. Nichols, Jr.,
Director, Office of Standards, Regulations, and Variances.

Affirmative Decisions on Petitions for Modification

    Docket No.: M-2001-109-C.
    FR Notice: 66 FR 67550.
    Petitioner: Elk Run Coal Company, Inc.
    Regulation Affected: 30 CFR 75.364(b)(2).
    Summary of Findings: Petitioner's proposal is to conduct weekly 
evaluations in certain areas of the return air course to measure the 
quantity and quality of air at 3 monitoring stations using hand-held 
gas detection devices and anemometers due to severe

[[Page 54918]]

deterioration and roof falls. The petitioner asserts that conducting 
weekly examinations by traveling the affected area in its entirety 
would be unsafe and would cause a diminution of safety to the examiner. 
This is considered an acceptable alternative method for the Black King 
I North Portal. MSHA grants the petition for modification for the 
unsafe-to-travel segment (approximately 4,750 feet) of the South Mains 
return entries to outcrop for the Black King I North Portal with 
conditions.

    Docket No.: M-2001-124-C.
    FR Notice: 67 FR 6754.
    Petitioner: Warrior Coal, LLC.
    Regulation Affected: 30 CFR 75.350.
    Summary of Findings: Petitioner's proposal is to use belt air to 
ventilate working faces and use the same monitoring system to identify 
the location of a detected fire by sensor location rather than by belt 
flight. This is considered an acceptable alternative method for the 
Cardinal Mine. MSHA grants the petition for modification to allow air 
coursed through conveyor belt haulage entries to be used to ventilate 
active working places for the Cardinal Mine with conditions.

    Docket No.: M-2002-011-C.
    FR Notice: 67 FR 13197.
    Petitioner: Hobet Mining, Inc.
    Regulation Affected: 30 CFR 77.206(c).
    Summary of Findings: Petitioner's proposal is to use a SAF-T-CLIMB 
fall prevention system on its counterweight tower structure for the 
overland system and the Beth Station No. 9 Preparation Plant in lieu of 
using a vertical ladder. This is considered an acceptable alternative 
method for the Beth Station No. 79 Preparation Plant. MSHA grants the 
petition for modification for the use of SAF-T-CLIMB or other 
equivalent fall prevention system at every permanently attached 
vertical ladder used at counterweight towers during maintenance work on 
the overland conveyor system for use at the Beth Station No. 79 
Preparation Plant with conditions.
    Docket No.: M-2002-053-C.
    FR Notice: 67 FR 49966.
    Petitioner: Perry County Coal Corporation.
    Regulation Affected: 30 CFR 75.364(b)(1).
    Summary of Findings: Petitioner's proposal is to relocate approved 
check points 9A and 9B in the intake of the Southeast Mains one break 
outby the No. 9 entry of the Roll Mains and establish one new check 
point (examination point) 10A in the return of the Southeast Mains in 
the No. 1 Entry located at the 44 Seals, six break inby the No. 1 Head 
Drive. The petitioner proposes to establish air measurement stations at 
locations that would allow effective evaluation of ventilation in the 
areas affected by deteriorating roof and rib conditions and have a 
certified person evaluate these stations on a weekly basis. The 
petitioner requested a modification of existing standard 30 CFR 
75.364(b)(2). After further review of this petition, it was determined 
that modification should be for existing standard 30 CFR 75.364(b)(1). 
This is considered an acceptable alternative method for the HZ4-1 Mine. 
MSHA grants the petition for modification for use at the HZ4-1 Mine 
with conditions.

    Docket No.: M-2002-054-C.
    FR Notice: 67 FR 49966.
    Petitioner: Titan Mining, Inc.
    Regulation Affected: 30 CFR 75.503 (18.41(f) of Part 18).
    Summary of Findings: Petitioner's proposal is to use a spring-
loaded locking device with specific fastening characteristics in lieu 
of a padlock to secure plugs and electrical type connectors to 
batteries and to the permissible mobile powered equipment the batteries 
serve, to prevent accidental separation of the battery plugs from their 
receptacles during normal operation of the battery equipment. This is 
considered an acceptable alternative method for the Laurel Fork Deep 
Mine. MSHA grants the petition for modification for use at the Laurel 
Fork Deep Mine with conditions.

    Docket No.: M-2002-062-C.
    FR Notice: 67 FR 54675.
    Petitioner: Buck Mountain Coal Company.
    Regulation Affected: 30 CFR 75.1002(a).
    Summary of Findings: Petitioner's proposal is to use non-
permissible electric equipment within 150 feet of the pillar line. This 
equipment would include drags and battery locomotives due in part to 
the method of mining used in pitching anthracite mines and the 
alternative evaluation of the mine air quality for methane on an hourly 
basis during operation. This is considered an acceptable alternative 
method for the Buck Mountain Slope Mine. MSHA grants the petition for 
modification for the Buck Mountain Slope Mine with conditions.

    Docket No.: M-2002-072-C.
    FR Notice: 67 FR 59317.
    Petitioner: Snyder Coal Company.
    Regulation Affected: 30 CFR 75.1002(a).
    Summary of Findings: Petitioner's proposal is to use non-
permissible electric equipment within 150 feet of the pillar line. This 
equipment would include drags and battery locomotives due in part to 
the method of mining used in pitching anthracite mines and the 
alternative evaluation of the mine air quality for methane on an hourly 
basis during operation. This is considered an acceptable alternative 
method for the Rattling Run Slope Mine. MSHA grants the petition for 
modification for the Rattling Run Slope Mine with conditions.

    Docket No.: M-2002-082-C.
    FR Notice: 67 FR 66168.
    Petitioner: Speed Mining, Inc.
    Regulation Affected: 30 CFR 75.1700.
    Summary of Findings: Petitioner's proposal is to amend its previous 
petition docket number M-2001-041-C. The petitioner proposes to drill 
out each of the oil wells as already specified in its previous 
petition; pump the expandable cement to the bottom of the lowest 
minable seam (Eagle) and pump Portable Class ``A'' cement on top of the 
expandable plug to the next Powellton Seam which is approximately 117 
feet above, and is the anticipated area for broken strata due to 
subsidence. The petitioner will leave the area from the Powellton Seam 
to the surface open for release of methane from the longwall gob after 
the longwall has intersected the well. This is considered an acceptable 
alternative method for the American Eagle Mine. MSHA grants the 
petition for modification for mining through or near (whenever the 
safety barrier diameter is reduced to a distance less than the District 
Manager would approve pursuant to Section 75.1700) plugged oil or gas 
wells penetrating the Eagle Coal Seam and other minable coal seams 
using continuous miners, conventional mining or longwall mining methods 
at the American Eagle Mine with conditions.

    Docket No.: M-2002-092-C.
    FR Notice: 67 FR 71988.
    Petitioner: Mountain Side Coal Company.
    Regulation Affected: 30 CFR 49.2(b).
    Summary of Findings: Petitioner's proposal is to provide two mine 
rescue teams, each consisting of three members and one alternate to 
provide coverage for both teams at the Mountain Side Mine. The 
petitioner will provide a total of seven mine rescue team members. This 
is considered an acceptable alternative method for the Mountain Side 
Mine. MSHA grants the petition for modification for the Mountain Side 
Mine with conditions.

    Docket No.: M-2002-093-C.
    FR Notice: 67 FR 71988.
    Petitioner: Mountain Side Coal Company.

[[Page 54919]]

    Regulation Affected: 30 CFR 75.335(a)(1).
    Summary of Findings: Petitioner's proposal is to use 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. 
This is considered an acceptable alternative method for the Mountain 
Side Mine. MSHA grants the petition for modification for seals 
installed in the Mountain Side Mine with conditions.

    Docket No.: M-2002-094-C.
    FR Notice: 67 FR 71988.
    Petitioner: Mountain Side Coal Company.
    Regulation Affected: 30 CFR 75.1100-2(a)(2).
    Summary of Findings: Petitioner's proposal is to use only portable 
fire extinguishers to replace existing requirements where rock dust, 
water cars, and other water storage equipped with three (3) ten quart 
pails is not practical, and to use two (2) portable fire extinguishers 
near the slope bottom and an additional portable fire extinguisher 
within 500 feet of the working for equivalent fire protection. This is 
considered an acceptable alternative method for the Mountain Side Mine. 
MSHA grants the petition for modification for firefighting equipment in 
the working section at the Mountain Side Mine with conditions.

    Docket No.: M-2002-098-C.
    FR Notice: 67 FR 71989.
    Petitioner: Mountain Side Coal Company.
    Regulation Affected: 30 CFR 75.1400.
    Summary of Findings: Petitioner's proposal is to use a slope 
conveyance (gunboat) for transporting persons without installing safety 
catches or other no less effective devices. The petitioner instead 
proposes to use increased rope strength and secondary safety rope 
connections in place of such devices. This is considered an acceptable 
alternative method for the Mountain Side Mine. MSHA grants the petition 
for modification for use of the hoist conveyance (gunboat) without 
safety catches at the Mountain Side Mine with conditions.

    Docket No.: M-2002-113-C.
    FR Notice: 68 FR 1484.
    Petitioner: Monterey Coal Company.
    Regulation Affected: 30 CFR 75.350.
    Summary of Findings: Petitioner's proposal is to use belt air to 
ventilate working places from a location inby the furthest inby 
conveyor drive for the remaining length of the panels. The petitioner 
proposes to install a carbon monoxide monitoring system as an early 
warning fire detection system in all belt entries used to course intake 
air to a working place. This is considered an acceptable alternative 
method for the No. 1 Mine. MSHA grants the petition for modification to 
allow air coursed through conveyor belt haulage entries to be used to 
ventilate active working places in longwall development sections and in 
retreating longwall panels, from a location inby the furthest inby 
conveyor drive for the remaining length of the development section or 
retreating panel for the No. 1 Mine with conditions.

    Docket No.: M-2002-117-C.
    FR Notice: 68 FR 1485.
    Petitioner: Energy West Mining Company.
    Regulation Affected: 30 CFR 75.901(a).
    Summary of Findings: Petitioner's proposal is to request a 
modification of the standard to allow the electrical grounding 
requirements for portable diesel-driven electric generators to be 
waived based on the use of ground fault detection, ground wire 
monitoring, and other circuit protection means, such as short circuit, 
over-current and undervoltage protection. This is considered an 
acceptable alternative method for the Deer Creek Mine. MSHA grants the 
petition for modification for use of the 200 KW/250 KVA, 480-volt, 
diesel powered generator (DPG) set to supply power to three-phase 480-
volt and 995-volt power circuits to move mobile equipment around the 
mine and to provide temporary power to mobile equipment and pumps in 
outby locations for the Deer Creek Mine with conditions.

    Docket No.: M-2002-119-C.
    FR Notice: 68 FR 1485.
    Petitioner: H & M Coal Company.
    Regulation Affected: 30 CFR 49.2(b).
    Summary of Findings: Petitioner's proposal is to provide two mine 
rescue teams, each consisting of three members and one alternate to 
provide coverage for both teams at the Rocky Top Mine. The petitioner 
will provide a total of seven mine rescue team members. This is 
considered an acceptable alternative method for the Rocky Top Mine. 
MSHA grants the petition for modification for the Rocky Top Mine with 
conditions.

    Docket No.: M-2002-120-C.
    FR Notice: 68 FR 1485.
    Petitioner: H & M Coal Company.
    Regulation Affected: 30 CFR 75.1100-2(a).
    Summary of Findings: Petitioner's proposal to use portable fire 
extinguishers only to replace existing requirements where rock dust, 
water cars, and other water storage equipped with three (3) ten quart 
pails is not practical. The petitioner proposes to use two (2) portable 
fire extinguishers near the slope bottom, and an additional portable 
fire extinguisher within 500 feet of the working face for equivalent 
fire protection for the Rocky Top Mine. This is considered an 
acceptable alternative method for the Rocky Top Mine. MSHA grants the 
petition for modification for firefighting equipment in the working 
section at the Rocky Top Mine with conditions.

    Docket No.: M-2002-121-C.
    FR Notice: 68 FR 1485.
    Petitioner: H & M Coal Company.
    Regulation Affected: 30 CFR 75.1200(d) and (i).
    Summary of Findings: Petitioner's proposal is 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. The petitioner also proposes to limit 
the required mapping of the mine workings above and below to those 
present within 100 feet of the vein being mined except those veins that 
are interconnected to other veins beyond the 100-foot limit through 
rock tunnels. This is considered an acceptable alternative method for 
the Rocky Top Mine. MSHA grants the petition for modification for use 
at the Rocky Top Mine with conditions.

    Docket No.: M-2002-122-C.
    FR Notice: 68 FR 1486.
    Petitioner: H & M Coal Company.
    Regulation Affected: 30 CFR 75.1202 and 30 CFR 75.1202-1(a).
    Summary of Findings: Petitioner's proposal is to revise and 
supplement mine maps annually instead of every 6 months as required, 
and to update maps daily by hand notations. This is considered an 
acceptable alternative method for the Rocky Top Mine. MSHA grants the 
petition for modification for annual revisions and supplements of the 
mine map at the Rocky Top Mine with conditions.

    Docket No.: M-2002-123-C.
    FR Notice: 68 FR 3897.
    Petitioner: Double M Mining, Inc.
    Regulation Affected: 30 CFR 77.214(a).
    Summary of Findings: Petitioner's proposal is to cover the coal 
seam with inert material, backfill and eliminate the highwall with 
refuse on a 2 to 1 slope and cover with soil in order to reclaim the 
site where face up and the adjacent areas of the mine have been augered 
and now needs to be reclaimed. This is

[[Page 54920]]

considered an acceptable alternative method for the Auger 2 
Mine. MSHA grants the petition for modification for the Auger 
2 Mine with conditions.

    Docket No.: M-2003-002-C.
    FR Notice: 68 FR 3898.
    Petitioner: KenAmerican Resources, Inc.
    Regulation Affected: 30 CFR 75.1909(b)(6).
    Summary of Findings: Petitioner's proposal is to limit the speed of 
its diesel graders to 20 miles per hour (mph), and train the grader 
operators in the proper techniques for lowering the blade to provide 
additional stopping capability in emergency situations, in lieu of 
using front wheel brakes on the DAPCO, Serial No. 001 grader powered by 
a Deutz diesel engine Model BF4M1012EC. The grader(s) has six 
wheels and are used at the Paradise No. 9 Mine. This is considered an 
acceptable alternative method for the Paradise No. 9 Mine. MSHA grants 
the petition for modification for use at the Paradise No. 9 Mine with 
conditions.

    Docket No.: M-2003-008-C.
    FR Notice: 68 FR 8050.
    Petitioner: Ken American Resources, Inc.
    Regulation Affected: 30 CFR 75.519-1(b).
    Summary of Findings: Petitioner's proposal is to move its 
disconnecting switch to the main travelway in the 2nd crosscut from the 
slope bottom in lieu of installing a disconnecting switch underground 
within 500 feet of the bottom of the borehole. This is considered an 
acceptable alternative method for the Paradise No. 9 Mine. MSHA grants 
the petition for modification for the distance of the disconnecting 
switch from the bottom of the shaft or borehole for use at the Paradise 
No. 9 Mine with conditions.

    Docket No.: M-2003-009-C.
    FR Notice: 68 FR 8050.
    Petitioner: Alfred Brown Coal Company.
    Regulation Affected: 30 CFR 49.2(b).
    Summary of Findings: Petitioner's proposal is to provide two mine 
rescue teams, each consisting of three members and one alternate to 
provide coverage for both teams at the 7 Ft. Slope Mine. The petitioner 
will provide a total of seven mine rescue team members. This is 
considered an acceptable alternative method for the 7 Ft. Slope Mine. 
MSHA grants the petition for modification for the 7 Ft. Slope Mine with 
conditions.

    Docket No.: M-2003-010-C.
    FR Notice: 68 FR 10048.
    Petitioner: Jim Walter Resources, Inc.
    Regulation Affected: 30 CFR 75.1002.
    Summary of Findings: Petitioner's proposal is to use a 2,400-volt 
power center with a high-voltage trailing cable to power a continuous 
miner inby the last open crosscut and within 150 feet of pillar 
workings. This is considered an acceptable alternative method for the 
No. 7 Mine. MSHA grants the petition for modification for use of the 
2,400-volt high-voltage continuous miner(s) at the No. 7 Mine with 
conditions.

    Docket No.: M-2003-014-C.
    FR Notice: 68 FR 15244.
    Petitioner: Lodestar Energy Incorporated.
    Regulation Affected: 30 CFR 75.1101-1(b).
    Summary of Findings: Petitioner's proposal is to have a trained 
person conduct a weekly visual examination and a functional test on 
each deluge-type fire suppression system installed at conveyor belt 
drives in lieu of using blow-off dust covers for nozzles. The 
petitioner proposes to actuate the water system and observe its 
performance to ensure that nozzles are not blocked. This is considered 
an acceptable alternative method for the Baker Mine. MSHA grants the 
petition for modification for the Baker Mine with conditions.

    Docket No.: M-2003-019-C.
    FR Notice: 68 FR 15245.
    Petitioner: Maple Creek Mining, Inc.
    Regulation Affected: 30 CFR 75.1400(e).
    Summary of Findings: Petitioner's proposal is to use an electric 
slope hoist to transport miners in and out of the mine. This is 
considered an acceptable alternative method for the High Quality Mine. 
On April 8, 2003, MSHA grants the petition for modification for a 
period ending twelve months from the effective date of the Proposed 
Decision and Order for the High Quality Mine with conditions. MSHA 
grants Application for Relief to Give Effect to April 7, 2003.

    Docket No.: M-2003-020-C.
    FR Notice: 68 FR 15245.
    Petitioner: Highland Mining Company.
    Regulation Affected: 30 CFR 75.1909(b)(6).
    Summary of Findings: Petitioner's proposal is to use a Getman 
diesel grader underground with only rear wheel brakes at the Highland 9 
Mine in lieu of using front wheel brakes. The petitioner proposes to 
limit the diesel grader speed to a maximum of 10 miles per hour and 
train the operators on proper procedures to use if the brakes on the 
grader fail. This is considered an acceptable alternative method for 
the Highland 9 Mine. MSHA grants the petition for modification for the 
Getman RDG-1504S Diesel Road Grader, Serial No. 6323, Powered by a Cat 
3306PCNA 150 Horsepower diesel engine with 6 wheels for use at the 
Highland 9 Mine with conditions.

    Docket No.: M-2003-021-C.
    FR Notice: 68 FR 16311.
    Petitioner: HB Coal Company, Inc.
    Regulation Affected: 30 CFR 75.342.
    Summary of Findings: Petitioner's proposal is to use a hand-held 
continuous multi-gas detector, which detects oxygen, methane, and 
carbon monoxide for the three wheel tractors (Mescher tractors) in lieu 
of using a machine-mounted methane monitor. This is considered an 
acceptable alternative method for the No. 1 Mine. MSHA grants the 
petition for modification for the Mescher permissible three-wheel 
battery-powered tractors used to load coal at the No. 1 Mine with 
conditions.

    Docket No.: M-2003-022-C.
    FR Notice: 68 FR 16311.
    Petitioner: HB Coal Company, Inc.
    Regulation Affected: 30 CFR 75.380(f)(4)(i).
    Summary of Findings: Petitioner's proposal is to use two ten-pound 
portable chemical fire extinguishers in the operator's deck of each 
Mescher tractor operated at the No. 1 Mine. The petitioner also 
proposes to instruct the equipment operator to inspect each fire 
extinguisher on a daily basis prior to entering the primary escapeway 
and maintain a record of the daily inspection at the mine. The 
petitioner further proposes to maintain a sufficient number of spare 
fire extinguishers at the mine in case a defective fire extinguisher is 
detected. This is considered an acceptable alternative method for the 
No. 1 Mine. MSHA grants the petition for modification for the Mescher 
three wheel tractors to be operated in the primary intake escapeway at 
the No. 1 Mine with conditions.

[FR Doc. 03-23910 Filed 9-18-03; 8:45 am]
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