Summary of Decisions Granting in Whole or in Part Petitions for Modification

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(c) of the Federal Mine Safety and Health Act

of 1977, the Secretary of Labor may modify 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.

Summaries of petitions received by the Secretary appear

periodically in the Federal Register. 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 has granted or partially granted

the requests for modification submitted by the petitioners listed

below. In some instances the decisions are conditioned upon compliance

with stipulations stated in the decision.

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, room 627, 4015 Wilson

Boulevard, Arlington, Virginia 22203.

Dated: March 30, 1994.

Patricia W. Silvey,

Director, Office of Standards, Regulations and Variances.

Affirmative Decisions on Petitions for Modification

Docket No.: M-80-91-M.

FR Notice: 45 FR 61396.

Petitioner: ASARCO, Inc.

Reg Affected: 30 CFR 57.4260 (previously 57.4-27).

Summary of Findings: Petitioner's granted petition for

modification was reviewed and it was noted that conditions at the

mine remain unchanged from conditions in existence when the petition

was granted. Based on this review, MSHA has issued a Proposed

Amended Decision and Order. The petitioner's proposal to locate 20-

lb fire extinguishers throughout underground stopes instead of on

mobile equipment considered acceptable alternate method. Granted

with conditions.

Docket No.: M-81-17-M.

FR Notice: 46 FR 25726.

Petitioner: Mississippi Potash, Inc.

Reg Affected: 30 CFR 57.4260 (previously 57.4-27).

Summary of Findings: Petitioner's granted petition for

modification was reviewed and it was noted that conditions at the

mine remain unchanged from conditions in existence when the petition

was granted. Based on this review, MSHA has issued a Proposed

Amended Decision and Order. The petitioner's proposal to provide

fire protection equivalent to fire extinguishers on certain types of

mobile equipment with trailing cables considered acceptable

alternate method. Granted with conditions.

Docket No.: M-81-41-M, M-81-42-M, and M-81-43-M.

FR Notice: 46 FR 45453.

Petitioner: United Salt Corporation.

Reg Affected: 30 CFR 57.4131 (previously 57.4-42); 57.4560

(previously 57.4-62); 57.4533 (previously 57.4-43).

Summary of Findings: Petitioner's granted petitions for

modification were reviewed and it was noted that conditions at the

mine remain unchanged from conditions in existence when the

petitions were granted. Based on this review, MSHA has issued

Proposed Amended Decisions and Orders. The petitioner's proposal, in

the event of a fire in the structure which houses the mine opening

and main fan, to immediately shut off the fan, sound an alarm, and

activate a diesel blower on the surface, connected to the escape

shaft, to positive-pressure ventilate the escape shaft and refuge

room and reverse the usual flow of air so that combustion products

are not drawn into the mine, considered acceptable alternate method.

Granted with conditions.

Docket No.: M-84-14-M.

FR Notice: 49 FR 23256.

Petitioner: Western Ag-Minerals Company (previously Duval

Corp.).

Reg Affected: 30 CFR 57.4260 (previously 57.4-27).

Summary of Findings: Petitioner's granted petition for

modification was reviewed and it was noted that conditions at the

mine remain unchanged from conditions in existence when the petition

was granted. Based on this review, MSHA has issued a Proposed

Amended Decision and Order. The petitioner's proposal to mount fire

extinguishers on each of the face electrical safety centers in lieu

of mounting them on the equipment, and to have fire extinguisher-

equipped diesel equipment accompany trailing cable-type equipment

when it is moved from one section to another, considered acceptable

alternate method. Granted with conditions.

Docket No.: M-86-3-M.

FR Notice: 51 FR 8377.

Petitioner: Homestake Mining Company.

Reg Affected: 30 CFR 57.14105 (previously 57.14029).

Summary of Findings: Petitioner's granted petition for

modification was reviewed and it was noted that conditions at the

mine remain unchanged from conditions in existence when the petition

was granted. Based on this review, MSHA has issued a Proposed

Amended Decision and Order. The petitioner's proposal to replace

worn out brushes on the generators of Ross and Yates Hoist MG sets

while the power is off but the armatures are rotating considered

acceptable alternate method. Granted with conditions.

Docket No.: M-87-01-M.

FR Notice: 52 FR 7946.

Petitioner: Montana Resources, Inc.

Reg Affected: 30 CFR 56.14132 (previously 56.9087).

Summary of Findings: Petitioner's granted petition for

modification was reviewed and it was noted that conditions at the

mine remain unchanged from conditions in existence when the petition

was granted. Based on this review, MSHA has issued a Proposed

Amended Decision and Order. The petitioner's proposal to equip all

trucks with highly visible back up lights which operate

automatically when trucks are in reverse and to use audible horns to

communicate considered acceptable alternate method. Granted with

conditions.

Docket No.: M-91-20-M.

FR Notice: 56 FR 65514.

Petitioner: Cyprus Thompson Creek Mining Co.

Reg Affected: 30 CFR 56.6309.

Summary of Findings: Petitioner's proposal to design and

construct an oil recycling system that filters used oil and blends

the recycled product with fuel oil for use in blasting considered

acceptable alternate method. Granted with conditions.

Docket No.: M-92-11-M.

FR Notice: 57 FR 43477.

Petitioner: Magma Copper Company.

Reg Affected: 30 CFR 57.11059.

Summary of Findings: Petitioner's proposal to use an independent

ventilation system that converts to a one-hour self-contained

breathing apparatus instead of a two-hour breathing apparatus

considered acceptable alternate method. Granted with conditions.

Docket No.: M-92-35-C.

FR Notice: 57 FR 13763.

Petitioner: Cordero Mining Company.

Reg Affected: 30 CFR 77.1607(u).

Summary of Findings: Petitioner's proposal to use a portable

hydraulic unit (power pack) for towing heavy equipment instead of

tow bars considered acceptable alternate method. Granted during the

towing operation of large disabled trucks that are equipped with

steering systems and brake systems that require hydraulic or air

pressure for normal operation, with conditions.

Docket No.: M-92-120-C.

FR Notice: 57 FR 47123.

Petitioner: Eastern Associated Coal Corporation.

Reg Affected: 30 CFR 75.364(b) (previously 75.305).

Summary of Findings: Petitioner's proposal to establish

evaluation points to monitor the quantity and quality of air

entering and leaving the affected area in lieu of weekly

examinations considered acceptable alternate method. Granted with

conditions.

Docket No.: M-92-126-C.

FR Notice: 57 FR 47124.

Petitioner: Freeman United Coal Mining Company.

Reg Affected: 30 CFR 75.902.

Summary of Findings: Petitioner's proposal to use a vacuum

contactor circuit device instead of a circuit breaker considered

acceptable alternate method. Granted for the one 995-volt, 150

horsepower pump motor, that is mounted on separate rubber tired

carrier, located at the hydraulic pumping stations for the longwall

working sections of the Orient No. 6 Mine, with conditions.

Docket No.: M-92-129-C.

FR Notice: 57 FR 47124.

Petitioner: Consolidation Coal Company.

Reg Affected: 30 CFR 75.364(b)(2) (previously 75.305).

Summary of Findings: Petitioner's proposal to establish check

points to evaluate the quantity and quality of air leaving and

entering the affected area in lieu of weekly examinations considered

acceptable alternate method. Granted for the establishment of air

monitoring stations in the No. 1 entry (return) of the Mains East

intake, with conditions.

Docket No.: M-92-152-C.

FR Notice: 57 FR 56377.

Petitioner: Shadle Coal Company.

Reg Affected: 30 CFR 75.340 (previously 75.1105).

Summary of Findings: Petitioner's proposal to use an underground

battery-charging station to charge the motor when the mine is idle

and to deenergize the station while the mine is in operation.

Docket No.: M-92-161-C.

FR Notice: 57 FR 59360.

Petitioner: Drummond Company, Inc.

Reg Affected: 30 CFR 75.1002.

Summary of Findings: Petitioner's proposal to use high-voltage

cables to power longwall equipment considered acceptable alternate

method. Granted with conditions.

Docket No.: M-92-177-C.

FR Notice: 57 FR 62391.

Petitioner: Consolidation Coal Company.

Reg Affected: 30 CFR 75.364(b).

Summary of Findings: Petitioner's proposal to establish check

points to monitor the quantity and quality of air entering and

leaving the affected area in lieu of weekly examinations considered

acceptable alternate method. Granted with conditions.

Docket No.: M-93-02-C.

FR Notice: 58 FR 8065.

Petitioner: Cyprus Shoshone Coal Corporation.

Reg Affected: 30 CFR 75.503.

Summary of Findings: Petitioner's proposal to increase the

maximum length of the dual longwall input cables from 1,000 feet to

1,250 feet to supply 2,400 volt alternating current from the load

center to the longwall controller considered acceptable alternate

method. Granted with conditions.

Docket No.: M-93-07-C.

FR Notice: 58 FR 8065.

Petitioner: McElroy Coal Company.

Reg Affected: 30 CFR 75.364(b) (formerly 75.305).

Summary of Findings: Petitioner's proposal to establish

monitoring stations at the 1-North Return and the Left Return of 2-

North before they enter the affected aircourses and continue using

monitoring stations at the 1-South entries of the affected return

aircourse daily, as described in petition for modification, docket

number M-92-142-C considered acceptable alternate method. Granted

with conditions.

Docket No.: M-93-11-C.

FR Notice: 58 FR 9575.

Petitioner: Baylor Mining, Inc.

Reg Affected: 30 CFR 75.350.

Summary of Findings: Petitioner's proposal to install a low-

level carbon monoxide detection system in all belt entries used as

intake aircourses considered acceptable alternate method. Granted

for the use of the slope haulage conveyor belt in a return

aircourse, with conditions.

Docket No.: M-93-16-C.

FR Notice: 58 FR 9575.

Petitioner: Utah Fuel Company.

Reg Affected: 30 CFR 75.333(d)(3).

Summary of Findings: Petitioner's proposal to use single drive-

through doors in the longwall and longwall development sections of

the mine and to open them only during non-mining in the inby section

and only to gain access considered acceptable alternate method.

Granted for the use of single drive-through haulageway doors in

longwall panels which use yield pillar design for ground control

purposes, with conditions.

Docket No.: M-93-31-C.

FR Notice: 58 FR 16554.

Petitioner: Black Beauty Coal Company.

Reg Affected: 30 CFR 75.1700.

Summary of Findings: Petitioner's proposal to plug and mine

through oil and gas wells considered acceptable alternate method.

Granted with conditions.

Docket No.: M-93-39-C.

FR Notice: 58 FR 16554.

Petitioner: Martinka Coal Company.

Reg Affected: 30 CFR 75.364(b)(1).

Summary of Findings: Petitioner's proposal to establish

evaluation points to monitor the quantity and quality of air

entering and leaving the affected area and have a certified person

examine the evaluation points on a weekly basis considered

acceptable alternate method. Granted with conditions.

Docket No.: M-93-44-C.

FR Notice: 58 FR 18419.

Petitioner: Western Mingo Coal Co.

Reg Affected: 30 CFR 75.350.

Summary of Findings: Petitioner's proposal to install a low-

level carbon monoxide detection system in all belt entries used as

intake air courses considered acceptable alternate method. Granted

with conditions.

Docket No.: M-93-49-C.

FR Notice: 58 FR 26166.

Petitioner: Coal Miners, Inc.

Reg Affected: 30 CFR 75.360(b)(6).

Summary of Findings: Petitioner's proposal to test for methane

and oxygen deficiency during the preshift examination at each main

split of air to each working section and examine at least one entry

of the intake air course once a week considered acceptable alternate

method. Granted for the area of the mine developed prior to November

15, 1992, where entries and rooms were driven more than 20 feet off

the intake aircourse without a crosscut or more than 2 crosscuts off

the intake aircourse without permanent ventilation controls where

intake air passes through or by these entries or rooms to a working

section where anyone is scheduled to work during the oncoming shift,

with conditions.

Docket No.: M-93-50-C.

FR Notice: 58 FR 26166.

Petitioner: Consolidation Coal Company.

Reg Affected: 30 CFR 75.364(b)(2).

Summary of Findings: Petitioner's proposal to establish

evaluation check points to monitor the quantity and quality of air

entering and leaving the affected area considered acceptable

alternate method. Granted with conditions.

Docket No.: M-93-53-C

FR Notice: 58 FR 26166.

Petitioner: Gridner Mining Company.

Reg Affected: 30 CFR 75.342.

Summary of Findings: Petitioner's proposal to use hand-held

continuous-duty methane and oxygen indicators instead of machine

mounted methane monitors on permissible three-wheel tractors with

drag bottom buckets considered acceptable alternate method. Granted

for the permissible three-wheel battery-powered tractors used to

load coal, with conditions.

Docket No.: M-93-54-C (superseding Docket No. M-91-013-C).

FR Notice: 58 FR 26166.

Petitioner: Trapper Mining, Inc.

Reg Affected: 30 CFR 75.1304(a).

Summary of Findings: Petitioner proposed that certain provisions

in MSHA's December 9, 1991, Decision and Order, docket number M-91-

13-C, be amended. One of the terms of that Decision and Order

required an on-site inspection by MSHA before the oil recycling and

blending facility was put into operation. During the course of this

on-site inspection, several discrepancies with the Decision and

Order were discovered. This revised petition for modification

supersedes docket number M-91-13-C. The alternate method is

considered acceptable and the petition is granted with conditions.

Docket No.: M-93-56-C.

FR Notice: 58 FR 26167.

Petitioner: Tanglewood Energy, Inc.

Reg Affected: 30 CFR 75.380(d)(4).

Summary of Findings: Petitioner's proposal to maintain a wide

clearance of less than 6 feet between crosscuts No. 8 and No. 9

adjacent to two cribs, between crosscuts No. 10 and No. 11 adjacent

to one crib, and between crosscuts No. 11 and No. 12 adjacent to one

crib and timber considered acceptable alternate method. Granted for

the No. 2 belt entry of South Mains, with conditions.

Docket No.: M-93-58-C.

FR Notice: 58 FR 29640.

Petitioner: B and B Coal Company.

Reg Affected: 30 CFR 75.340.

Summary of Findings: Petitioner's proposal to charge batteries

on the mine's locomotive when all miners are out of the mine and to

have intake air ventilating the charging stations, at the No. 1

chute of the active gangway level, continue through the last open

crosscut and into the monkey airway (return) considered acceptable

alternate method. Granted with conditions.

Docket No.: M-93-64-C.

FR Notice: 58 FR 29640.

Petitioner: U.S. Steel Mining Company, Inc.

Reg Affected: 30 CFR 75.804(a).

Summary of Findings: Petitioner's proposal to install SHD+GC,

SHD-CGC, or SHD-Center-GC cable on its high-voltage longwall system

considered acceptable alternate method. Granted for the high-voltage

longwall system located in the Cumberland Mine, with conditions.

Docket No.: M-93-69-C.

FR Notice: 58 FR 32728.

Petitioner: The Pittsburgh and Midway Coal Mining Company.

Reg Affected: 30 CFR 77.1605(k).

Summary of Findings: Petitioner's proposal to eliminate berms or

guardrails and to install and maintain reflectors near the outer

edge of the roadway in areas where there is a recovery zone between

the outer edge of the traveled roadway and the tangent of the

embankment slope considered acceptable alternate method. Granted

with conditions.

Docket No.: M-93-73-C.

FR Notice: 58 FR 32728.

Petitioner: Philippi Development, Inc.

Reg Affected: 30 CFR 75.380(d)(4).

Summary of Findings: Petitioner's proposal to post signs along

the relevant portion of the escapeway where there is an indication

of a tight clearance, and to install two switches that would allow

for immediate deenergization of the belt lines in an emergency or

when the belt needs to be stopped immediately considered acceptable

alternate method. Granted for the No. 2 belt conveyor of 1 Northeast

belt lines, with conditions.

Docket No.: M-93-157-C.

FR Notice: 58 FR 41294.

Petitioner: Clinchfield Coal Company.

Reg Affected: 30 CFR 75.1710-1(a).

Summary of Findings: Petitioner's proposal that the use of

canopies not be required considered acceptable alternate method.

Granted for the end-driven Joy 21-SC shuttle car and the end-driven

Joy 10SC-22 shuttle cars in mining heights less than 54 inches and

the center-driven Joy 21-SC shuttle cars in mining heights less than

48 inches.

Docket No.: M-93-209-C.

FR Notice: 58 FR 51388.

Petitioner: Jim Walter Resources, Inc.

Reg Affected: 30 CFR 75.1002.

Summary of Findings: Petitioner's proposal to use 2300 A.C.

high-voltage cable to supply power to permissible longwall face

equipment in or inby the last open crosscut considered acceptable

alternate method. Granted for the permissible longwall equipment

located in the No. 3 Mine and No. 4 Mine, with conditions.

Docket No.: M-93-278-C.

FR Notice: 58 FR 58566.

Petitioner: Baylor Mining, Inc.

Reg Affected: 30 CFR 75.352.

Summary of Findings: Petitioner's proposal to install a low-

level carbon monoxide detection and methane monitoring system in all

belt entries used as return air courses and to maintain ventilation

at 50 fpm or greater in the belt conveyor entry considered

acceptable alternate method. Granted for the use of the slope

haulage conveyor belt in the return air course during initial mine

development, with conditions.

[FR Doc. 94-8419 Filed 4-7-94; 8:45 am]

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