[Federal Register Volume 69, Number 154 (Wednesday, August 11, 2004)]
[Notices]
[Pages 48898-48899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18359]


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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 on 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 in Arlington, Virginia this 4th day of August, 2004.
Marvin W. Nichols, Jr.,
Director, Office of Standards, Regulations, and Variances.
    Affirmative Decisions on Petitions for Modification
    Docket No.: M-2001-122-C.
    FR Notice: 67 FR 6754.
    Petitioner: Pine Ridge Coal Company.
    Regulation Affected: 30 CFR 75.503 (30 CFR 18.35).
    Summary of Findings: Petitioner's proposal is to use trailing 
cables not to exceed 900 feet to supply its shuttle cars, roof bolters, 
and mobile roof supports. On July 30, 2002, the petitioner filed an 
amended petition requesting that shuttle cars be deleted from this 
petition. The trailing cable(s) would not be smaller than No. 2 AWG for 
roof bolter(s), and not smaller than No. 4 AWG for mobile roof 
support(s), and other safeguards would be in place, as outlined in the 
amended petition. This is considered an acceptable alternative method 
for trailing cables that supply 480-volt, three-phase, alternating 
current to roof bolters and mobile roof supports at the Big Mountain 
No. 16 Mine. MSHA grants the petition for modification for the Big 
Mountain No. 16 Mine with conditions.
    Docket No.: M-2002-074-C.
    FR Notice: 67 FR 63166.
    Petitioner: Monterey Coal Company.
    Regulation Affected: 30 CFR 75.503 (30 CFR 18.35).
    Summary of Findings: Petitioner's proposal is to install a Hubbel/
Ensign Electric Division Class 1401 Permissible Distribution Box so 
that two Fletcher Model CDR-15 slim line roof bolters can be used near 
the end of the longwall panel for additional support of the face when 
transferring equipment to the next panel. The distribution box will 
have a maximum of 750 feet of No. 4/0 AWG G-GC trailing cable extending 
from the power center located outby; and roof bolters will be equipped 
with No. 2 AWG G-GC portable cables with 1,000 feet of the cable 
extended across the face from the distribution box. The petitioner's 
previous petition for modification, docket number M-94-131-C, was 
granted to extend the trailing cables to the Fletcher roof bolters to 
1,200 feet with short circuit protection set at 800 Amps Maximum and a 
longwall panel width of 750 feet Maximum. The petitioner assert that 
since the granting of its previous petition, the longwall panel has 
been increased to 1,100 feet Maximum, and is approved and accepted by 
the MSHA Approval and Certification Center under 2G-3955A-0. This is 
considered an acceptable alternative method at the Monterey Coal 
Company No.1 Mine for trailing cables that apply only to 600-volts to 
Hubble/Ensign Electric Division Class 1401 permissible distribution 
boxes, X/P-1733-3, and trailing cables supplying 600-volts to the 
Fletcher roof bolters, Model CDR-15, located on the longwall recovery. 
MSHA grants the petition for modification for the No. 1 Mine with 
conditions.
    Docket No.: M-2002-077-C.
    FR Notice: 67 FR 63166.
    Petitioner: Lone Mountain Processing, Inc.
    Regulation Affected: 30 CFR 75.1002.
    Summary of Findings: Petitioner's proposal is to use a 2,400-volt 
power center to power a continuous miner with high-voltage trailing 
cable inby the last open crosscut and within 150 feet of pillar 
workings. This is considered an acceptable alternative method for the 
Huff Creek Mine No. 1. MSHA grants the petition for modification for 
the use of the 2,400 high-voltage continuous miner(s) at the Huff Creek 
Mine No. 1 with conditions.
    Docket No.: M-2002-078-C.
    FR Notice: 67 FR 63166.
    Petitioner: Lone Mountain Processing, Inc.
    Regulation Affected: 30 CFR 75.1002.
    Summary of Findings: Petitioner's proposal is to use a 2,400-volt 
power center to power a continuous miner with high-voltage trailing 
cable inby the last open crosscut and within 150 feet of pillar 
workings. This is considered an acceptable alternative method for the 
Darby Fork Mine No. 1. MSHA grants the petition for modification for 
the use of the 2,400 high-voltage continuous miner(s) at the Darby Fork 
Mine No. 1 with conditions.
    Docket No.: M-2003-044-C.
    FR Notice: 68 FR 38393.

[[Page 48899]]

    Petitioner: Nowacki Coal Company.
    Regulation Affected: 30 CFR 75.360.
    Summary of Findings: Petitioner's proposal is to conduct a visual 
examination of each seal for physical damage from the slope gunboat 
during the pre-shift examination after an air quantity reading is taken 
just inby the intake portal. The petitioner further proposes to take an 
additional reading for methane, carbon dioxide, and oxygen deficiency 
at intake air split locations just off the slope in the gangway portion 
of the working section and record the results of these reading in a 
book that will be maintained on the surface of the mine and made 
available to all interested parties. This is considered an acceptable 
alternative method for the Nowacki Coal Company Slope Mine. MSHA grants 
the petition for modification to allow evaluation of the seals off the 
shaft, from the gunboat in the intake air haulage slope of the Nowacki 
Coal Company Slope Mine with conditions.
    Docket No.: M-2003-045-C.
    FR Notice: 68 FR 38393.
    Petitioner: Nowacki Coal Company.
    Regulation Affected: 30 CFR 75.364(b)(1), (b)(4), and (b)(5).
    Summary of Findings: Petitioner's proposal is to (i) Preshift 
examine the intake haulage slope and primary escapeway areas from the 
gunboat/slope car with an alternative air quality evaluation at the 
section's intake gangway level; (ii) travel and thoroughly examine 
these areas for hazardous conditions once a month; and (iii) have the 
examiner place the dates, times, and his/her initials at appropriate 
locations and maintain records of the examinations on the surface of 
the mine. MSHA grants the petition for modification of 30 CFR 
75.364(b)(4) for the petitioner to conduct examinations of the seals 
along the return and bleeder air courses from the ladder on a weekly 
basis instead of on a monthly basis as requested for the Nowacki Slope 
Mine with conditions.
    Docket No.: M-2003-049-C.
    FR Notice: 68 FR 40701.
    Petitioner: Drummond Company, Inc.
    Regulation Affected: 30 CFR 75.507.
    Summary of Findings: Petitioner's proposal is to use 4,160-volt, 
three-phase, alternating current deepwell submersible pumps in 
boreholes in the Shoal Creek Mine. This is considered an acceptable 
alternative method for the Mine. MSHA grants the petition for 
modification for use at the Shoal Creek Mine with conditions.
    Docket No.: M-2003-054-C.
    FR Notice: 68 FR 47945.
    Petitioner: Jim Walter Resources, Inc.
    Regulation Affected: 30 CFR 75.503 (Schedule 2G, 30 CFR 18.35).
    Summary of Findings: Petitioner's proposal is to use extended 
length cables to power 2,400-volt continuous mining machines. This is 
considered an acceptable alternative method to apply only to trailing 
cables that supply 2,400-volt, three-phase, alternating current to 
continuous mining machines at the Jim Walter Resources, Inc., No. 4 
Mine. The trailing cables will have a 90-degree insulation rating. MSHA 
grants the petition for modification for the Jim Walter Resources, 
Inc., No. 4 Mine with conditions.
    Docket No.: M-2003-055-C.
    FR Notice: 68 FR 47945.
    Petitioner: Jim Walter Resources, Inc.
    Regulation Affected: 30 CFR 75.1002.
    Summary of Findings: Petitioner's proposal is to use 2,400-volt 
trailing cable to power a continuous miner in by the last open crosscut 
and within 150 feet of pillar workings. This is considered an 
acceptable alternative method for the Jim Walter Resources, Inc., No. 4 
Mine. MSHA grants the petition for modification for the Jim Walter 
Resources, Inc., No. 4 Mine with conditions.
    Docket No.: M-2003-073-C.
    FR Notice: 68 FR 61701.
    Petitioner: Bowie Resources, Ltd.
    Regulation Affected: 30 CFR 75.1909(b)(6).
    Summary of Findings: Petitioner's proposal is to use an alternative 
method in lieu of using front wheel brakes on the Caterpillar 120 G 
Diesel Roadbuilder Serial No. 4HDO1844 used at the Bowie 3 
Mine, and limit the speed of the grader to 10 to 12 miles per hour 
(mph) by permanently blocking higher gear ratios, and train the grader 
operators to drop the grader blade to provide additional stopping 
capability in emergency situations. This is considered an acceptable 
alternative method for the Bowie 3 Mine. MSHA grants the 
petition for modification for use of the Caterpillar 120 G (Serial No. 
4HDO1844), Six-wheel diesel graders (Roadbuilder) at the Bowie 
3 Mine with conditions.
    Docket No.: M-2003-074-C.
    FR Notice: 68 FR 61701.
    Petitioner: Newtown Energy Incorporated.
    Regulation Affected: 30 CFR 75.1002.
    Summary of Findings: Petitioner's proposal is to operate a 2,400-
volt Joy 12CM27 continuous mining machine at the Coalburg 1 
Mine. This is considered an acceptable alternative method for the 
Coalburg 1 Mine. MSHA grants the petition for modification for 
the Coalburg 1 Mine with conditions.
    Docket No.: M-2003-004-M.
    FR Notice: 68 FR 57933.
    Petitioner: Dynatec Mining Corporation.
    Regulation Affected: 30 CFR 57.22606(a) and (c).
    Summary of Findings: Petitioner's proposal is to use electric 
detonators to initiate blasts but requests modification of the existing 
standard to allow the use of nonel detonators to detonate the 
explosives in the blast holes. This is considered an acceptable 
alternative method for the FMC No. 9 Ventilation Shaft Project. MSHA 
grants the petition for modification for the FMC No. 9 Ventilation 
Shaft Project Mine with conditions.

[FR Doc. 04-18359 Filed 8-10-04; 8:45 am]
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