[Federal Register Volume 69, Number 14 (Thursday, January 22, 2004)]
[Notices]
[Pages 3179-3182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1387]


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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 2350, Arlington, Virginia 22209. For further information contact 
Barbara Barron at 202-693-9447.

    Dated at Arlington, Virginia, this 16th day of January, 2004.
Marvin W. Nichols, Jr.,
Director, Office of Standards, Regulations, and Variances.

Affirmative Decisions on Petitions for Modification

    Docket No.: M-1999-042-C.
    FR Notice: 64 FR 32553.
    Petitioner: R S & W Coal Company, Inc.
    Regulation Affected: 30 CFR 75.1312(e)(1).
    Summary of Findings: Petitioner's proposal is to store explosives 
and detonators in gangways at least 4 feet above the roadway and offset 
from the rib 12 feet into solid rock rather than the minimum distance 
of 25 feet required by the existing standard. This is considered an 
acceptable alternative method for the R S & W Drift Mine. MSHA grants 
the petition for modification to store explosives and detonators in an 
alternative location off the gangway at least 10 feet from roadways and 
any source of electric current at the R S & W Drift Mine with 
conditions.

    Docket No.: M-1999-045-C.
    FR Notice: 64 FR 32554.
    Petitioner: B. and B. Coal Company.
    Regulation Affected: 30 CFR 75.1312(e)(1).
    Summary of Findings: Petitioner's proposal is to store explosives 
and detonators in a chute off the gangway at least 10 feet from 
roadways and any source of electric current in lieu of the 25 feet 
required by the existing standard. This is considered an acceptable 
alternative method for the Rock Ridge No. 1 Slope Mine. MSHA grants the 
petition for modification for explosives and detonators to be stored in 
an alternative location off the gangway at least 10 feet from roadways 
and any source of electric current at the Rock Ridge No. 1 Slope Mine 
with conditions.

    Docket No.: M-1999-140-C.
    FR Notice: 65 FR 1914.
    Petitioner: Twentymile Coal Company.
    Regulation Affected: 30 CFR 75.1909(a)(1).
    Summary of Findings: Petitioner's proposal is to use an alternative 
method for engine approval for a diesel generator. The petitioner 
proposes to equip its diesel generator (Engine Serial No. 1WB16204) 
with a DST Management SystemTM exhaust conditioner and use a 
ventilation rate of 29,000 cfm. This is considered an acceptable 
alternative method for the Foidel Creek Mine. MSHA grants the petition 
for modification for generator set using a Caterpillar 3406 PITA engine 
used at the Foidel Creek Mine with conditions.

    Docket No.: M-2000-097-C.
    FR Notice: 65 FR 58818.
    Petitioner: Twentymile Coal Company.
    Regulation Affected: 30 CFR 75.1909(a)(1).
    Summary of Findings: Petitioner's proposal is to use three pieces 
of diesel equipment which utilizes Caterpillar 3304 PCT, 4-cylinder 
diesel engines, rated at 165hp and 2200 RPM at its mine and affiliated 
mine to haul equipment and supplies and to revel throughout the mines. 
This is considered an acceptable alternative method for the Foidel 
Creek Mine. MSHA grants the petition for modification for the use of 
three Caterpillar 3304 PCT engines at the Foidel Creek Mine with 
conditions.

    Docket No.: M-2001-029-C.
    FR Notice: 66 FR 30232.
    Petitioner: Bowie Resources Limited.
    Regulation Affected: 30 CFR 75.1726(a).
    Summary of Findings: Petitioner's proposal is to use modified 
diesel powered L.H.D's or scoops as elevated mobile work platforms at 
the Bowie No. 2 Mine. This is considered an acceptable alternative 
method for the Bowie No. 2 Mine. MSHA grants the petition for 
modification for the Wagner Scoops and scoop buckets at the Bowie No. 2 
Mine with conditions.

    Docket No.: M-2002-066-C.
    FR Notice: 67 FR 54675.
    Petitioner: Energy West Mining Company.
    Regulation Affected: 30 CFR 75.500(d).
    Summary of Findings: Petitioner's proposal is to use the following 
non-

[[Page 3180]]

permissible equipment inby the last open crosscut: low-voltage or 
battery-powered electronic testing and diagnostic equipment such as: 
lap top computers, oscilloscopes, vibration analysis machines, cable 
fault detectors, point temperature probes, recording amp meters, 
thermal image devices, infrared temperature devices and recorders, 
pressure and flow measurement devices, signal analyzer devices, 
ultrasonic thickness gauges, electronic component testers, and 
electronic tachometers; low-voltage electric or battery-powered drills 
and grinders; and other testing and diagnostic equipment if approved in 
advance by the District Office. The petitioner also proposes to have a 
qualified person examine this equipment on a weekly basis, and examine 
new equipment prior to use. This is considered an acceptable 
alternative method for the Deer Creek Mine. MSHA grants the petition 
for modification under controlled conditions for testing and 
diagnostics on permissible mining equipment at the Deer Creek Mine.

    Docket No.: M-2002-070-C.
    FR Notice: 67 FR 54676.
    Petitioner: Energy West Mining Company.
    Regulation Affected: 30 CFR 75.1002-1(a).
    Summary of Findings: Petitioner's proposal is to use the following 
non-permissible equipment inby the last open crosscut: low-voltage or 
battery powered electronic testing and diagnostic equipment such as: 
lap top computers, oscilloscopes, vibration analysis machines, cable 
fault detectors, point temperature probes, recording amp meters, 
thermal image devices, infrared temperature devices and recorders, 
pressure and flow measurement devices, signal analyzer devices, 
ultrasonic thickness gauges, electronic component testers, and 
electronic tachometers; low-voltage electric or battery-powered drills 
and grinders; and other testing and diagnostic equipment if approved in 
advance by the District Office. The petitioner also proposes to have a 
qualified person examine this equipment on a weekly basis, and examine 
new equipment prior to use. This is considered an acceptable 
alternative method for the Deer Creek Mine. MSHA grants the petition 
for modification under controlled conditions for testing and 
diagnostics on permissible mining equipment at the Deer Creek Mine.

    Docket No.: M-2002-104-C.
    FR Notice: 67 FR 78822.
    Petitioner: Mettiki Coal, LLC.
    Regulation Affected: 30 CFR 77.214(a).
    Summary of Findings: Petitioner's proposal is to extend its Mettiki 
General's refuse pile over four sealed openings to the abandoned 
Mettiki Gobbler's Knob Mine. This is considered an acceptable 
alternative method for the Mettiki's General Mine. MSHA grants the 
petition for modification for the Mettiki's General Mine with 
conditions.

    Docket No.: M-2003-001-C.
    FR Notice: 68 FR 3898.
    Petitioner: Orchard 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. In addition, equipment operation will be 
suspended if at any time the methane concentration at the equipment 
reaches 0.5 percent. This is considered an acceptable alternative 
method for the Orchard Slope Mine. MSHA grants the petition for 
modification for the use non-permissible battery-powered locomotives 
and associated non-permissible electric components located within 150 
feet from pillar workings at the Orchard Slope Mine with conditions.

    Docket No.: M-2003-003-C.
    FR Notice: 68 FR 3898.
    Petitioner: Anita Mining Company.
    Regulation Affected: 30 CFR 75.1100-2(e)(2).
    Summary of Findings: Petitioner's proposal is to use two (2) 
portable fire extinguishers in lieu of using one portable fire 
extinguisher and 240 pounds of rock dust at all temporary electrical 
installations at the Ondo Extension Mine. This is considered an 
acceptable alternative method for the Ondo Extension Mine. MSHA grants 
the petition for modification for the Ondo Extension Mine with 
conditions.

    Docket No.: M-2003-011-C.
    FR Notice: 68 FR 15244.
    Petitioner: Snyder Coal Company.
    Regulation Affected: 30 CFR 75.335.
    Summary of Findings: Petitioner's proposal is to use wooden 
materials of moderate size and weight for constructing seals due to the 
difficulty in accessing previously driven headings and breasts 
containing inaccessible abandoned workings; accept a design criteria in 
the 10 psi range; and 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 
N. and L. Slope Mine. MSHA grants the petition for modification for 
seals installed in the N. and L. Slope Mine with conditions.

    Docket No.: M-2003-012-C.
    FR Notice: 68 FR 15244.
    Petitioner: Snyder Coal Company.
    Regulation Affected: 30 CFR 75.1002.
    Summary of Findings: Petitioner's proposal is to use non-
permissible electric equipment within 150 feet of the pillar line in 
the working section's only intake entry (gangway) that is regularly 
traveled and examined. This equipment will 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's air 
quality for methane on an hourly basis during operation. In addition, 
equipment operation will be suspended if at anytime the methane 
concentration at the equipment reaches 0.5 percent. This is considered 
an acceptable alternative method for the N. and L. Slope Mine. MSHA 
grants the petition for modification for the use of non-permissible 
battery-powered locomotives and non-permissible electric drags and 
associated non-permissible electric components located within 150 feet 
from pillar workings at the N. and L. Slope Mine with conditions.

    Docket No.: M-2003-013-C.
    FR Notice: 68 FR 15244.
    Petitioner: Cannelton Industries, Inc.
    Regulation Affected: 30 CFR 75.1002.
    Summary of Findings: Petitioner's proposal is to use 2,400-volt 
electricity to power continuous mining equipment at the Shadrick Mine. 
This is considered an acceptable alternative method for the Shadrick 
Mine. MSHA grants the petition for modification for the Shadrick Mine 
with conditions.

    Docket No.: M-2003-016-C.
    FR Notice: 68 FR 15245.
    Petitioner: Canyon Fuel Company, LLC.
    Regulation Affected: 30 CFR 75.500(d).
    Summary of Findings: Petitioner's proposal is to use low-voltage or 
battery-powered non-permissible electronic testing and diagnostic 
equipment in or inby the last open crosscut under controlled 
conditions. The petitioner proposes to use the following equipment: lap 
top computers, oscilloscopes, vibration analysis

[[Page 3181]]

machines, cable fault detectors, point temperature probes, infrared 
temperature devices, insulation testers (meggers), voltage, current and 
power measurement devices and recorders, pressure and flow measurement 
devices, signal analyzer device, ultrasonic thickness gauges, 
electronic component testers, electronic tachometers, and other testing 
and diagnostic equipment that may be approved by the MSHA District 
Office. The petitioner states that non-permissible electronic testing 
and diagnostic equipment shall only be used when equivalent permissible 
equipment does not exist. The petitioner further states that equipment 
used in or inby the last open crosscut shall be examined by a qualified 
person as defined in existing 30 CFR 75.153, prior to being used to 
ensure the equipment is being maintained in a safe operating condition. 
The examination results will be recorded in a book and made available 
to an authorized representative of the Secretary and the miners at the 
mine. The petitioner has listed specific procedures in this petition, 
including monitoring, that would be followed when using the non-
permissible equipment. This is considered an acceptable alternative 
method for the Skyline Mine. MSHA grants the petition for modification 
for use at the Skyline Mine with conditions.

    Docket No.: M-2003-017-C.
    FR Notice: 68 FR 15245.
    Petitioner: L-Coal Company.
    Regulation Affected: 30 CFR 75.1002.
    Summary of Findings: Petitioner's proposal is to use non-
permissible electric equipment within 150 feet of the pillar line in 
the working section's only intake entry (gangway) that is regularly 
traveled and examined. This equipment will 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's air 
quality for methane on an hourly basis during operation. In addition, 
equipment operation will be suspended if at anytime the methane 
concentration at the equipment reaches 0.5 percent. This is considered 
an acceptable alternative method for the N. and L. Slope Mine. MSHA 
grants the petition for modification for the use of non-permissible 
battery-powered locomotives and non-permissible electric drags and 
associated non-permissible electric components located within 150 feet 
from pillar workings at the N. and L. Slope Mine with conditions.

    Docket No.: M-2003-018-C.
    FR Notice: 68 FR 20030.
    Petitioner: Clintwood Elkhorn Mining Company.
    Regulation Affected: 30 CFR 77.214(a).
    Summary of Findings: Petitioner's proposal is to construct a refuse 
fill in the Blair seam at the Clintwood Elkhorn Mining Company, Cedar 
Branch Refuse Area, MSHA Site I.D.  1211VA50102-82 that 
contains abandoned mine openings. This is considered an acceptable 
alternative method for the Clintwood Elkhorn III Mine. MSHA grants the 
petition for modification for the Clintwood Elkhorn III Mine with 
conditions.

    Docket No.: M-2003-023-C.
    FR Notice: 68 FR 16311.
    Petitioner: Bowie Resources Limited.
    Regulation Affected: 30 CFR 75.1002.
    Summary of Findings: Petitioner's proposal is to use permissible 
high-voltage continuous miners inby the last open crosscut and within 
150 feet of the pillar workings to develop longwall gateroads and mains 
at the Bowie No. 2 Mine. This is considered an acceptable alternative 
method for the Bowie No. 2 Mine. MSHA grants the petition for 
modification for the Bowie No. 2 Mine with conditions.

    Docket No.: M-2003-026-C.
    FR Notice: 68 FR 20030.
    Petitioner: Dickinson-Russell Coal Company, LLC.
    Regulation Affected: 30 77.215-2(b).
    Summary of Findings: Petitioner's proposal is to expand the Roaring 
Fork 3 Scalped Rock Disposal Area to place scalped rock over 
existing Upper Banner Mine workings. The petitioner proposes to clear 
all organic and topsoil material from the proposed fill area prior to 
placement of scalped rock. This is considered an acceptable alternative 
method for the Roaring Fork 3 Mine Scalped Rock Disposal Area. 
MSHA grants the petition for modification for the Roaring Fork 
3 Mine Scalped Rock Disposal Area with conditions.

    Docket No.: M-2003-029-C.
    FR Notice: 68 FR 28298.
    Petitioner: Consol of Kentucky, Inc.
    Regulation Affected: 30 CFR 75.1101-8.
    Summary of Findings: Petitioner's proposal is to use a single line 
of automatic sprinklers for its fire protection system on main and 
secondary belt conveyors in the Salyers Branch Mine. The sprinklers 
will be not more than 10 feet apart so that the water discharged from 
the sprinklers will cover either 50 feet of fire-resistant belt or 150 
feet of fire-resistant belt adjacent to the belt drive, and the 
discharge of water will extend over the belt drive, belt take-up, 
electrical control, and gear reducing unit with the water pressure no 
less than 10 psi during operation of the system. This is considered an 
acceptable alternative method for the Salyers Branch Mine. MSHA grants 
the petition for modification for a single overhead pipe sprinkler 
system at the Salyers Branch Mine with conditions.
    Docket No.: M-2003-032-C.
    FR Notice: 68 FR 33204.
    Petitioner: Canyon Fuel Company, LLC.
    Regulation Affected: 30 CFR 75.1002(a).
    Summary of Findings: Petitioner's proposal is to use low-voltage or 
battery-powered non-permissible electronic testing and diagnostic 
equipment within 150 feet of pillar workings under controlled 
conditions. This equipment will include: laptop computers, 
oscilloscopes, vibration analysis machines, cable fault detectors, 
point temperature probes, infrared temperature devices, insulation 
testers (meggers); voltage, current and power measurement devices and 
recorders; pressure and flow measurement devices, signal analyzer 
device, ultrasonic thickness gauges, electronic component testers, and 
electronic tachometers, and other testing and diagnostic equipment that 
may be approved by the MSHA District Office. This non-permissible 
electronic testing and diagnostic equipment will only be used when 
equivalent permissible equipment does not exist. This is considered an 
acceptable alternative method for the Skyline Mine No. 3. MSHA grants 
the petition for modification for the use of low-voltage or battery-
powered non-permissible electronic testing and diagnostic equipment 
within 150 feet of pillar workings or longwall faces, under controlled 
conditions, for testing and diagnosing mining equipment at the Skyline 
Mine No. 3 conditions.

    Docket No.: M-2003-033-C.
    FR Notice: 68 FR 33204.
    Petitioner: R & D 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 to 
include drags and battery locomotives due in part to the method of 
mining used in anthracite mines and the alternative evaluation of the 
mine air quality for methane on an hourly basis during operation. In 
addition, operation of such equipment will be suspended anytime the 
methane concentration reaches 0.5 percent. This is considered an 
acceptable alternative method for the Buck Mountain Slope Mine. MSHA 
grants the petition for

[[Page 3182]]

modification for the Buck Mountain Slope Mine with conditions.

    Docket No.: M-2003-034-C.
    FR Notice: 68 FR 33204.
    Petitioner: Consol Pennsylvania Coal Company.
    Regulation Affected: 30 CFR 75.503.
    Summary of Findings: Petitioner's proposal is to increase the 
maximum length of trailing cables supplying power to continuous mining 
machines to 950 feet and other section equipment to 900 feet during 
longwall panel development. This is considered an acceptable 
alternative method for the Bailey Mine. MSHA grants the petition for 
modification for the Bailey Mine with conditions.

    Docket No.: M-2003-035-C.
    FR Notice: 68 FR 33205.
    Petitioner: Jim Walter Resources, Inc.
    Regulation Affected: 30 CFR 75.503.
    Summary of Findings: Petitioner's proposal is to extend the length 
of the cable for high-voltage continuous mining machines to 1,200 feet 
during longwall panel development. This is considered an acceptable 
alternative method for the No. 7 Mine. MSHA grants the petition for 
modification for the No. 7 Mine with conditions.

    Docket No.: M-2003-037-C.
    FR Notice: 68 FR 33205.
    Petitioner: Consolidation Coal Company.
    Regulation Affected: 30 CFR 75.1909(b)(6).
    Summary of Findings: Petitioner's proposal is to use a six-wheeled 
diesel grader without individual service brakes on all of the wheels. 
The petitioner will equip the grader with service brakes on each of the 
drive wheels; stationary emergency brakes; restrict the tramming speed 
of the grader to 10 miles per hour; train the grader operators to check 
brake function during preoperational checks; and to lower the grader 
blade to the ground as an additional braking mechanism. The operators 
will also receive task training and annual refresher training on the 
provisions of the proposed alternative method. This is considered an 
acceptable alternative method for the Emery Mine. MSHA grants the 
petition for modification for the Emery Mine with conditions.

    Docket No.: M-2003-039-C.
    FR Notice: 68 FR 37177.
    Petitioner: Rivers Edge Mining, Inc.
    Regulation Affected: 30 CFR 75.1909(b)(6).
    Summary of Findings: Petitioner's proposal is to use the Getman 
Diesel Grader underground with rear wheel brakes only in lieu of using 
brakes that act on each wheel of the vehicle. The petitioner proposes 
to limit the speed of the diesel graders to 10 miles per hour (mph). 
Higher gear ratios on the Getman diesel grader will be physically 
blocked in order to limit the speed to 10 mph maximum, and grader 
operators will be trained to drop the grader blade to provide 
additional stopping capability in emergency situations. These terms and 
conditions will provide an equivalent level of safety to the standard 
requirement that each wheel of the grader be equipped with service 
brakes. This is considered an acceptable alternative method for the 
Rivers Edge Mine. MSHA grants the petition for modification for the 
Rivers Edge Mine with conditions.

    Docket No.: M-2003-040-C.
    FR Notice: 68 FR 37177.
    Petitioner: Pine Ridge Coal Company.
    Regulation Affected: 30 CFR 75.1909(b)(6).
    Summary of Findings: Petitioner's proposal is to use the Getman 
Diesel Grader underground with rear wheel brakes only in lieu of using 
brakes that act on each wheel of the vehicle. The petitioner proposes 
to limit the speed of the diesel graders to 10 miles per hour (mph). 
Higher gear ratios on the Getman diesel grader will be physically 
blocked in order to limit the speed to 10 mph maximum, and grader 
operators will be trained to drop the grader blade to provide 
additional stopping capability in emergency situations. These terms and 
conditions will provide an equivalent level of safety to the standard 
requirement that each wheel of the grader be equipped with service 
brakes. This is considered an acceptable alternative method for the Big 
Mountain 16 Mine. MSHA grants the petition for modification 
for the Big Mountain 16 Mine with conditions.

[FR Doc. 04-1387 Filed 1-21-04; 8:45 am]
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