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: October 13, 1995.

Patricia W. Silvey,

Director, Office of Standards, Regulations and Variances.

Affirmative Decisions on Petitions for Modification

Docket No.: M-85-127-C.

FR Notice: 50 FR 48281.

Petitioner: Utah Power & Light Company.

Reg Affected: 30 CFR 75.326 (now 30 CFR 75.350).

Summary of Findings: This petition was originally filed by Emery

Mining Corporation, a lessee of Utah Power & Light Company.

Petitioner's proposal to install a low-level carbon monoxide detection

system as an early warning fire detection system in all entries used as

intake or return air courses and at each belt drive and tailpiece

located in intake air courses except in specified situations during

development of a two-entry mining system for a longwall panel where the

belt haulage entry would serve (act) as a return air course and for

longwall panel retreat mining where the belt haulage entry would act as

intake air course for longwall face ventilation. Granted with

conditions for the Deer Creek and Cottonwood Mines.

Docket No.: M-85-184-C.

FR Notice: 51 FR 1586 (amendment 52 FR 46134).

Petitioner: Clinchfield Coal Company.

Reg Affected: 30 CFR 75.1105 (now 30 CFR 75.340).

Summary of Findings: Petitioner's proposal to locate transformers

and high voltage vacuum circuit breakers in the belt entry splits of

air and to use dry-type transformers containing no flammable liquid or

hydraulic oil except for capacitors in power centers which may contain

up to a total of three gallons of flammable liquid; to install a low-

level carbon monoxide detection system as an early warning fire

detection system in all belt entry splits of air; to have the velocity

of air in the belt conveyor at 50 feet a minute or greater and have a

definite and distinct movement in the designated direction; and to have

the velocity of air current in the belt conveyor entry to not exceed

that which is established in the approved Ventilation System and

Methane and Dust Control Plan considered acceptable alternative method.

Granted with conditions.

Docket No.: M-86-167-C.

FR Notice: 51 FR 42663 (amendment 52 FR 46133).

Petitioner: Clinchfield Coal Company.

Reg Affected: 30 CFR 75.326 (now 75.350).

Summary of Findings: Petitioner's proposal to install a carbon

monoxide detection system as an early warning fire detection system in

all belt entries used as intake air courses considered acceptable

alternative method. Granted with conditions.

Docket No.: M-89-117-C.

FR Notice: 54 FR 37844.

Petitioner: Westmoreland Coal Company.

Reg Affected: 30 CFR 75.326 (now 75.350).

Summary of Findings: On August 2, 1988, petitioner was granted a

petition for modification, docket number M-85-57-C, to use intake air

coursed through belt haulage and/or track entries to

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ventilate active working places and to install an early warning fire

detection system to monitor the air with a carbon monoxide detection

system. Petitioner's request of August 1, 1989, to amend MSHA's

Proposed Decision and Order (PDO) for the previously granted petition

to allow the use of air velocity in the belt conveyor entry to be in

excess of 300 feet per minute (fpm) subject to conditions outlined in

the PDO considered acceptable alternative method. Granted with

conditions.

Docket No.: M-90-14-C.

FR Notice: 55 FR 5087.

Petitioner: Island Creek Coal Company.

Reg Affected: 30 CFR 75.326 (now 75.350).

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

carbon monoxide monitoring system as an early warning fire detection

system in all belt entries used as intake air courses considered

acceptable alternative method. Granted with conditions.

Docket No.: M-90-78-C.

FR Notice: 55 FR 28111.

Petitioner: Tanoma Mining Company.

Reg Affected: 30 CFR 75.326 (now 75.350).

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

carbon monoxide monitoring system as an early warning fire detection

system in all belt entries in which air coursed through the belt entry

is used to ventilate active working places conditioned upon the terms

of consent agreement considered acceptable alternative method. Granted

with conditions.

Docket No.: M-92-49-C.

FR Notice: 57 FR 22493.

Petitioner: Clinchfield Coal Company.

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

Summary of Findings: Petitioner's proposal to operate its Joy 21 SC

center-driven shuttle cars and 482 and 488 scoops without canopies due

to the undulating conditions of the mine floor resulting roof supports

dislodging, poor visibility to the equipment operator, and assertion

that application of the standard would result in and a diminution of

safety to the miners considered acceptable. Granted with conditions.

Docket No.: M-93-29-C.

FR Notice: 58 FR 16553.

Petitioner: Consolidation Coal Company.

Summary of Findings: On February 22, 1993, petitioner filed a

petition for modification of the application of 30 CFR 75.364(b)(2),

and on November 22, 1993, petitioner filed an amended petition deleting

an air course and revising the petition of the application of 30 CFR

75.364(b)(1) for the remaining air courses. Petitioner's proposal to

establish monitoring stations in the intake air course and to evaluate

these stations weekly rather than daily due to deteriorating roof

conditions and assertion that application of the standard would result

in a diminution of safety to the miners considered acceptable. Granted

with conditions for the intake air course on the south side of Main

West and for the intake air course at the Sugar Run Portal Motor Barn

at the Loveridge No. 22 Mine.

Docket No.: M-93-35-C.

FR Notice: 58 FR 16554.

Petitioner: Consolidation Coal Company.

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

Summary of Findings: Petitioner's proposal to establish check

points in the South side of the Main West entries from the Dolls Portal

to the No. 1 Check point and to have a certified person test for

methane and the quantity of air at check points and take pressure

readings at check point 7 at a track overcast along the mainline

haulage due to deteriorating roof conditions considered acceptable

alternative method. Granted with conditions for the Main West intake

air courses at the Osage No. 3 Mine.

Docket No.: M-93-81-C.

FR Notice: 58 FR 39235.

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 certain areas of the return air course and to

have a certified person test for methane and the quantity of air in the

affected area on a weekly basis due to deteriorating roof conditions

considered acceptable alternative method. Granted with conditions for

three separate return air courses and one intake air course in the

vicinity of the Statler Airshaft at the Osage No. 3 Mine.

Docket No.: M-93-137-C.

FR Notice: 58 FR 39241.

Petitioner: M & S Coal Company.

Reg Affected: 30 CFR 75.1202-1(a).

Summary of Findings: Petitioner's proposal to revise and supplement

mine maps annually and to update maps daily by hand notations

considered acceptable alternative method. Granted with conditions for

annual revisions and supplements of the mine map.

Docket No.: M-93-166-C.

FR Notice: 58 FR 41295.

Petitioner: Tito Coal Company.

Reg Affected: 30 CFR 75.335(a)(1).

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

method of construction by using 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 considered acceptable alternative method.

Granted with conditions for seals installed at the Whites Vein Slope

Mine.

Docket No.: M-93-187-C.

FR Notice: 58 FR 41298.

Petitioner: Primrose Coal Company.

Reg Affected: 30 CFR 75.1202-1(a).

Summary of Findings: Petitioner's proposal to revise and supplement

mine maps annually and to update maps daily by hand notations

considered acceptable alternative method. Granted with conditions for

annual revisions and supplements of the mine map.

Docket No.: M-93-207-C.

FR Notice: 58 FR 44701.

Petitioner: Ashland Coal Company.

Reg Affected: 30 CFR 75.1202-1(a).

Summary of Findings: Petitioner's proposal to revise and supplement

mine maps annually and to update maps daily by hand notations

considered acceptable alternative method. Granted with conditions for

annual revisions and supplements of the mine map.

Docket No.: M-93-222-C.

FR Notice: 58 FR 46220.

Petitioner: Rhen Coal Company.

Reg Affected: 30 CFR 75.1202-1(a).

Summary of Findings: Petitioner's proposal to revise and supplement

mine maps annually and to update maps daily by hand notations

considered acceptable alternative method. Granted with conditions for

annual revisions and supplements of the mine map.

Docket No.: M-93-281-C.

FR Notice: 58 FR 58566.

Petitioner: Old Ben Coal Company.

Reg Affected: 30 CFR 75.364.

Summary of Findings: Petitioner's proposal to establish evaluation

check points in certain areas of the return air course, one at each end

of the areas affected, to monitor for methane and the quantity and

quality of air entering and leaving the affected areas due to

deteriorating roof conditions considered acceptable alternative method.

Granted with conditions for the #1 Main South return air course between

10th West South and the ``D'' Fan Shaft at the No. 26 Mine.

Docket No.: M-93-320-C.

FR Notice: 58 FR 68671.

Petitioner: Consol Pennsylvania Coal Company.

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

[[Page 54390]]

Summary of Findings: Petitioner's proposal to establish check

points in certain areas of the intake air course and have a certified

person test these check points for methane and the quantity of air on a

weekly basis and record the results in a book kept on the surface

available for inspection to interested persons due to deteriorating

roof conditions considered acceptable alternative method. Granted with

conditions for each of the two areas where roof falls exist at either

end of the petitioned air course (the first located immediately inby

the shop regulator and other near Spad No. 052) at the Bailey Mine.

Docket No.: M-94-29-C.

FR Notice: 59 FR 15238.

Petitioner: New Warwick Mining Company.

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

Summary of Findings: Petitioner's proposal to establish evaluation

check points to monitor the quantity and quality of air entering and

leaving certain areas of the intake air course due to deteriorating

roof conditions considered acceptable alternative method. Granted with

conditions for the Mains Right side intake air course between track

markers 90 and 102 at the Warwick Mine.

Docket No.: M-94-59-C.

FR Notice: 59 FR 26816.

Petitioner: Black Dog Coal Corporation.

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

Summary of Findings: Petitioner's proposal to establish evaluation

check points to monitor the quantity and quality of air entering and

leaving certain areas of the intake air course due to deteriorating

roof conditions considered acceptable alternative method. Granted with

conditions for the intake air course left of the belt entry in the Jaw

Bone Mains extending from survey stations No. 1116 and 1117 to survey

stations No. 1211 and 1229 at the No. 1 Mine.

Docket No.: M-94-61-C.

FR Notice: 59 FR 29305.

Petitioner: Cyprus Emerald Resources Corporation.

Reg Affected: 30 CFR 75.507.

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

submersible pump in the longwall bleeder sump near the No. 2 bleeder

shaft for dewatering the sump and to provide unrestricted airflow into

the return shaft; to provide training for all selected mine

electricians performing electrical work on the pumps; and to examine

the surface pump control and power circuits monthly considered

acceptable alternative method. Granted with conditions for the

submersible pump located in the No. 2 bleeder sump borehole near the

No. 2 bleeder shaft at the Emerald No. 1 Mine.

Docket No.: M-94-85-C.

FR Notice: 59 FR 35148.

Petitioner: K & S Coal Company.

Reg Affected: 30 CFR 75.1202-1(a).

Summary of Findings: Petitioner's proposal to revise and supplement

mine maps annually and to update maps daily by hand notations

considered acceptable alternative method. Granted with conditions for

annual revisions and supplements of the mine map.

Docket No.: M-94-87-C.

FR Notice: 59 FR 38202.

Petitioner: Consolidation Coal Company.

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

Summary of Findings: The petitioner filed a petition for

modification of 30 CFR 75.364(b)(2). MSHA's investigation of the

petition revealed that the air flowing in the petitioned air course had

not ventilated any working faces or passed through a worked out area.

Therefore, the petition is treated as requesting modification of 30 CFR

75.364(b)(1). In its investigation of the petition, the Agency finds

that application of the standard would result in a diminution of safety

to the miners. As set out in the special terms and conditions to at all

times provide a safe work environment for the miners, the petitioner

would perform weekly evaluations at the monitoring stations, weekly

examination of the ventilation controls, and daily examination of the

roof above the overcast because of the 400-foot length of the single

entry air course and the ability to safely examine and maintain all

ventilation controls creating the air course (eight stoppings and one

overcast) from outside the air course. This is considered an acceptable

alternative method. Granted with conditions for approximately 400 feet

of intake air course crossing the Main North overcast to Carpenter

Shaft between Spad Nos. 2809 and 2830 at the Blacksville No. 2 Mine.

Docket No.: M-94-123-C.

FR Notice: 59 FR 43869.

Petitioner: B & M Coal Company.

Reg Affected: 30 CFR 75.326.

Summary of Findings: Petitioner's request that Item 15 of its

petition for modification be amended to include language requiring

intake escapeways to be maintained in accordance with mandatory

standard 30 CFR 75.380(f)(1) (Ventilation Final Rule of November 15,

1992) considered acceptable. Granted with conditions at the B & M No. 2

Mine.

Docket No.: M-94-149-C.

FR Notice: 59 FR 52840.

Petitioner: Genwal Coal Company.

Reg Affected: 30 CFR 75.1002.

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

(4,160 volts) operated equipment inby the last open crosscut at the

longwall section, assertion that application of the standard would

result in a diminution of safety to the miners considered acceptable

alternative method. Granted with conditions at the Crandall Canyon

Mine. Application for Relief to Give Effect to the Proposed Decision

and Order granted.

Docket No.: M-94-159-C.

FR Notice: 59 FR 59434.

Petitioner: Clark Elkhorn Coal Company, Inc.

Reg Affected: 30 CFR 75.900.

Summary of Findings: Petitioner's proposal to use contractors to

provide undervoltage, grounded phase, and overload protection and to

monitor the grounding conductors for 480-volt belt conveyor drive

motors and water pump motors greater than 5 horsepower considered

acceptable alternative method. Granted with conditions in the Sunset

Mine No. 1.

Docket No.: M-94-182-C.

FR Notice: 60 FR 3436.

Petitioner: D.G. W Coal Company.

Reg Affected: 30 CFR 75.1400.

Summary of Findings: Petitioner's proposal to use the gunboat

without safety catches with an increased rope strength safety factor

and secondary safety connections which are securely fastened around the

gunboat and to the hoisting rope above the main connecting device in

transporting persons due to steep, frequently changing pitch and

numerous curves and knuckles in the main haulage slope considered

acceptable alternative method. Granted with conditions for the use of

the gunboat without safety catches at the Buck Mt. Slope.

Docket No.: M-95-04-C.

FR Notice: 60 FR 9867.

Petitioner: R & R Anthracite Coal Company.

Reg Affected: 30 CFR 75.1400.

Summary of Findings: Petitioner's proposal to use the gunboat

without safety catches with an increased rope strength safety factor

and secondary safety connections which are securely fastened around the

gunboat and to the hoisting rope above the main connecting device in

transporting persons due to steep, frequently changing pitch and

numerous curves and knuckles in the main haulage slope considered

acceptable alternative method. Granted with conditions for the use of

the gunboat without safety catches at the Buck Mt. Slope.

[[Page 54391]]

Docket No.: M-95-20-C.

FR Notice: 59 FR 11682.

Petitioner: Eighty-Four Mining Company.

Reg Affected: 30 CFR 75.1002.

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

(4,160 volts) cables inby the last open crosscut to supply power to

longwall face equipment considered acceptable alternative method.

Granted with conditions at the Mine No. 84. Petitioner's Application

for Relief to Give Effect to the Proposal Decision and Order granted.

Docket No.: M-94-01-M.

FR Notice: 59 FR 24730.

Petitioner: Cyprus Sierrita Corporation.

Reg Affected: 30 CFR 56.6309.

Summary of Findings: Petitioner's proposal to blend recycled oil

with fuel oil to create a blasting agent considered acceptable

alternative method. Granted with conditions.

Docket No.: M-94-04-M.

FR Notice: 59 FR 4114.

Petitioner: Magna Copper Company.

Reg Affected: 30 CFR 57.9360(a)(2).

Summary of Findings: Petitioner's proposal to use two alternative

sets of stipulations specified in its petition for modification for

spacing shelter holes along its haulage roads for miners on the 2675

and 2950 levels considered acceptable alternative method. Granted with

conditions at the San Manuel Mine.

Docket No.: M-95-02-M.

FR Notice: 60 FR 9867.

Petitioner: Aluminum Company of America.

Reg Affected: 30 CFR 56.9300.

Summary of Findings: Petitioner's proposal to restrict access to

its mud lake impoundment lake roadway(s) by using specific procedures

outlined in its petition for modification considered acceptable

alternative method. Granted with conditions.

Docket No.: M-78-26-M.

FR Notice: 43 FR 59926.

Petitioner: Anthony Dally & Sons.

Reg Affected: 30 CFR 57.19-7 (now 57.19007).

Summary of Findings: Petitioner's granted petition for 30 CFR

57.19007 an underground mandatory standard, was reviewed and changes

were noted. It was that the petitioner should have petitioned for 30

CFR 56.19007, applicable for surface mining operations, and that three

of the mines had been permanently closed. The modifications to the

Diamond Slate Quarry, Quarry No. 6, and the Stephens-Jackson Slate

Quarry is no longer applicable. Modification to the Doney Slate Company

Pit as it pertains to operating man hoists without overspeed or

overtravel controls installed considered acceptable. Granted with

conditions.

Docket No.: M-87-09-M.

FR Notice: 52 FR 34437.

Petitioner: Ziegler Chemical and Mineral Corporation.

Reg Affected: 30 CFR 57.4760(a).

Summary of Findings: On January 25, 1990, MSHA issued a Proposed

Decision and Order (PDO) granting this petition for modification

conditioned upon circumstances existing at the Bonanza No. 3, Little

Emma No. 7, Bonanza No. 11 and 12, Independent No. 4 and 5, and the

Cottonwood No. 1 mines for the elimination of shaft station ventilation

control doors. On December 7, 1993, MSHA's Rocky Mountain District

Manager submitted a review of conditions relevant to the granted

petition. In the review it was noted that conditions at the mines

remained unchanged and that the petition should continue in effect, and

that the Little Emma No. 7 and Cottonwood No. 1 mines had ceased mining

operations. On August 16, 1993, a PDO was issued revoking the granted

petition of the two non-operating mines. On April 21 and May 23, 1995,

the District Manager submitted another review of the conditions of the

granted petition noting that one mine name and mine ID number, Bonanza

Mill and Mines--(ID No. 42-00876) was used to identify all gilsonite

mines owned and operated by the petitioner. Based on this review it was

noted that the petition should be revoked at the Bonanza No. 11 & 12,

Independent No. 4 & 5, and Bonanza No. 3 mines, and that the petition

should be amended to include only one mine, Bonanza Mill and Mines (ID

No. 42-00876). The amended petition granted with conditions as it

pertains to operating without shaft ventilation control doors installed

in the Bonanza Mill and Mines.

[FR Doc. 95-26137 Filed 10-20-95; 8:45 am]

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