[Federal Register Volume 70, Number 193 (Thursday, October 6, 2005)]
[Notices]
[Pages 58484-58486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20081]


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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

[[Page 58485]]

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. As designee of 
the Secretary, we have 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 we 
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 30th day of September 2005.
Rebecca J. Smith,
Acting Director, Office of Standards, Regulations, and Variances.

Affirmative Decisions on Petitions for Modification

    Docket No.: M-2004-045-C.
    FR Notice: 69 FR 64110.
    Petitioner: Consolidation Coal Company.
    Regulation Affected: 30 CFR 75.364(b).
    Summary of Findings: Petitioner's proposal is to establish 
checkpoint numbers B-CK-10, B-CK-11, B-CK-12, and B-CK-13 to measure 
the quantity and quality of air in certain areas of the return 
aircourse due to deteriorating roof conditions. The petitioner proposes 
to maintain the checkpoints in a safe condition at all times; have a 
certified person test for methane and the quantity and quality of air 
at each checkpoint on a weekly basis; and place his/her initials and 
date in a record book kept on the surface of the mine and on a date 
board at the checkpoint sites. This is considered an acceptable 
alternative method for the Blacksville No. 2 Mine. The petition for 
modification is granted for the examination of approximately 1,200 feet 
of unsafe-to-travel return aircourse, from the regulator inby the 1\1/
2\ East Seals over the overcasts of Wana Mains to Wana Air Shaft for 
the Blacksville No. 2 Mine with conditions.

    Docket No.: M-2004-052-C.
    FR Notice: 69 FR 78047.
    Petitioner: Cumberland Coal Resources, LP.
    Regulation Affected: 30 CFR 75.364(b)(1).
    Summary of Findings: Petitioner's proposal is to establish air 
monitoring stations at a sump in an intake airway in lieu of traveling 
the entry in its entirety because of a water collection sump that was 
constructed in the intake aircourse and is approximately 15 to 20 feet 
deep and 600 feet in length, known as the No. 7 Main Sump, located 
between crosscuts 46 and 51 in the No. 5 entry of the East Mains. The 
air course is isolated by stoppings and is subject to weekly 
examinations under 30 CFR 75.364(b)(1), and the roof and ribs in the 
sump area have been supported with supplemental support. The petitioner 
proposes to establish evaluation points at the 47 and 51 crosscuts. 
This is considered an acceptable alternative method for the Cumberland 
Mine. The petition for modification is granted for evaluation of the 
intake aircourse segment (approximately 600 feet) known as the No. 7 
Main Sump Area for the Cumberland Mine with conditions.

    Docket No.: M-2005-001-C.
    FR Notice: 70 FR 3566.
    Petitioner: Consol Pennsylvania Coal Company.
    Regulation Affected: 30 CFR 75.364(b)(2).
    Summary of Findings: Petitioner's proposal is to establish 
monitoring stations MS 1, MS 2, and MS 3 in 
the affected area of the aircourse and have a certain person examine 
the stations on a weekly basis to determine the quantity and quality of 
air entering and exiting the stations. The petitioner proposes to 
measure the air quality using an MSHA approved hand-held methane and 
oxygen meter, and the examiner will record their initials, the date, 
and time of examinations on a date board maintained at each monitoring 
station and in a book kept on the surface. This is considered an 
acceptable alternative method for the Enlow Fork Mine. The petition for 
modification is granted for the examination of approximately 1,200 feet 
of unsafe-to-travel return aircourse from the 1 West No. 1 Seal to two 
crosscuts inby the Portal Shaft bottom for the Enlow Fork Mine with 
conditions.

    Docket No.: M-2005-020-C.
    FR Notice: 70 FR 19506.
    Petitioner: Chestnut Coal Company.
    Regulation Affected: 75.311(b)(2).
    Summary of Findings: Petitioner's proposal is that electrical 
circuits entering the underground mine remain energized to the mine's 
de-watering pumps while the mine ventilation fan is intentionally 
stopped during idle shifts while no miners are underground. The 
petitioner alleges that anthracite mines are small, employing five or 
fewer miners, with very low production; that there is little or no 
methane liberation; and that due to the steep pitch of the coal seam, 
natural ventilation occurs through cracks and breaches to the surface, 
which would dissipate any methane. The petitioner further alleges that 
continuous operation of the main fan would result in a hazardous 
condition during colder months due to water freezing in the intake 
haulage slope, creating ice accumulations that must be manually 
removed. By allowing the fan to be intentionally stopped, the natural 
air current will be warmed and prevent freezing. The mine's pumping 
system typically consists of a submersible pump located below the water 
level in the intake haulage slope sump and a centrifugal pump located 
in the intake haulage slope above the active gangway level. The pumps 
are started and shut off by a set of electrode switches located in the 
sump that detects the water level. This is considered an acceptable 
alternative method for the No. 10 Slope Mine. The petition for 
modification is granted to permit the electrical circuits entering the 
underground mine to remain energized to the mine's de-watering pumps 
while the mine ventilation fan is intentionally stopped during idle 
shifts when no miners are underground for the No. 10 Slope Mine with 
conditions.

    Docket No.: M-2005-021-C.
    FR Notice: 70 FR 19506.
    Petitioner: Six M Coal Company.
    Regulation Affected: 75.335(a)(1).
    Summary of Findings: Petitioner's proposal is to construct seals 
from wooden materials of moderate size and weight that would be 
designed to withstand a static horizontal pressure in the range of 10 
psi, and install a sampling tube only in the monkey (higher elevation) 
seal. The petitioner asserts that because of the pitch of anthracite 
veins, concrete blocks are difficult to use and expose miners to safety 
hazards during transport. The petitioner cites the low level of 
explosibility of anthracite coal dust and the minimal potential for 
either an accumulation of methane in previously mined pitching veins or 
an ignition source in the gob area as justification for the proposed 
design criterion. This is considered an acceptable alternative method 
for the No. 1 Slope Mine. The petition for modification is granted for 
seals installed in the No. 1 Slope Mine with conditions.


[[Page 58486]]


    Docket No.: M-2005-022-C.
    FR Notice: 70 FR 19506.
    Petitioner: Consolidation Coal Company.
    Regulation Affected: 30 CFR 75.503 [18.35 of Part 18].
    Summary of Findings: Petitioner's proposal is to use trailing 
cables with a maximum length 1,000 feet for supplying power to 
permissible equipment used in the continuous mining section of the 
Blacksville No. 2 Mine. This is considered an acceptable alternative 
method for the Blacksville No. 2 Mine. The petition for modification is 
granted for the trailing cables supplying three-phase, 995-volt power 
to continuous mining machines and trailing cables supplying three-
phase, 575-volt power to loading machines, shuttle cars, roof bolters, 
section ventilation fans, and de-gas drills for the Blacksville No. 2 
Mine with conditions.

    Docket No.: M-2005-029-C.
    FR Notice: 70 FR 22376.
    Petitioner: Parkwood Resources, Inc.
    Regulation Affected: 30 CFR 75.1100-2(e)(2).
    Summary of Findings: Petitioner's proposal is to use two (2) fire 
extinguishers or one fire extinguisher of twice the required capacity 
at all temporary electrical installations in lieu of using one fire 
extinguisher and 240 pounds of rock dust. This is considered an 
acceptable alternative method for the Cherry Tree Mine. The petition 
for modification is granted for temporary electrical installations, 
provided the Petitioner maintains two portable fire extinguishers 
having at least the minimum capacity specified for a portable fire 
extinguisher in 30 CFR 75.1100-1(e) at each of the temporary electrical 
installations at the Cherry Tree Mine with conditions.

    Docket No.: M-2005-036-C.
    FR Notice: 70 CFR 32379.
    Petitioner: Hopkins County Coal, LLC.
    Regulation Affected: 30 CFR 75.1101-1(b).
    Summary of Findings: Petitioner's proposal is to use an alternative 
method of compliance in lieu of providing blow-off dust covers for 
deluge-type water spray nozzles. The petitioner proposes to have a 
certified person trained in specific testing procedures to the deluge-
type water pray fire suppression systems at each belt drive conduct a 
visual examination of each deluge-type water spray fire-suppression 
system; conduct a functional test of the deluge-type water spray fire 
suppression systems to check for proper performance, and record the 
results of the examination in a book that will be kept on the surface 
and made available to the authorized representative of the Secretary. 
This is considered an acceptable alternative method for the Elk Creek 
Mine. The petition for modification is granted for the deluge-type 
water spray systems installed for nozzles in the Elk Creek Mine with 
conditions.

    Docket No.: M-2005-037-C.
    FR Notice: 70 FR 32379.
    Petitioner: Bridger Coal Company.
    Regulation Affected: 30 CFR 75.1101-8.
    Summary of Findings: Petitioner's proposal is to use a water 
sprinkler system that will consist of a single overhead pipe system 
with automatic sprinklers located no more than 10 feet apart so that 
the water discharged from the sprinklers will cover 50 feet of fire-
resistant belt, or 150 feet of nonfire-resistant belt, adjacent to the 
belt drive. The petitioner proposes to have the sprinkler located not 
more than 10 feet apart so that the water discharged from the 
sprinkler(s) will cover the drive motor(s), belt take-up, electrical 
controls, and gear reducing unit for each belt drive, and the sprinkler 
system will use either pendant or upright type sprinkler heads. This is 
considered an acceptable alternative method for the Bridger Underground 
Mine. The petition for modification is granted for the Bridger 
Underground Mine with conditions.

    Docket No.: M-2005-038-C.
    FR Notice: 70 FR 32379.
    Petitioner: Alfred Brown Coal Company.
    Regulation Affected: 30 CFR 75.1100-2(a)(2).
    Summary of Findings: Petitioner's proposal is 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 at the 7 Ft. Slope Mine. This is considered 
an acceptable alternative method for the 7 Ft. Slope Mine. The petition 
for modification is granted for firefighting equipment in the working 
section for the 7 Ft. Slope Mine with conditions.

[FR Doc. 05-20081 Filed 10-5-05; 8:45 am]
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