Summary of Decisions Granting in Whole or in Part Petitions for Modification
Federal RegisterAug 19, 1996
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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(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: 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. Contact Barbara Barron at 703-235-1910.
Dated: August 13, 1996.
Edward C. Hugler,
Deputy Assistant Secretary for Mine Safety and Health.
Affirmative Decisions on Petitions for Modification
Docket No.: M-95-001-C.
FR Notice: 60 FR 9866.
Petitioner: Serendipity Mining, Inc.
Reg Affected: 30 CFR 75.313 (now 30 CFR 75.342).
Summary of Findings: Petitioner's proposal to monitor continuously
with a hand-held methane and oxygen detector instead of using a methane
monitoring system on permissible three-wheel tractors with drag bottom
buckets considered acceptable alternative method. Granted for the No. 4
Mine with conditions for the Mescher permissible three-wheel battery-
powered tractors used to load coal.
Docket No.: M-95-006-C.
FR Notice: 60 FR 9867.
Petitioner: C.S. & S. Coal Corporation.
Reg Affected: 30 CFR 75.1710-1.
Summary of Findings: Petitioner's proposal to operate electric
mobile equipment without canopies in seam heights up to 48 inches
considered acceptable alternative method. Granted for the No. 7 Mine
with conditions for two center-driven Joy 21-SC shuttle cars, two S&S
Scoops and the Eimco 3510 Roof Bolting Machine.
Docket No.: M-95-007-C.
FR Notice: 60 FR 11680.
Petitioner: Rothermel Coal Company.
Reg Affected: 30 CFR 75.335(a)(1).
Summary of Findings: Petitioner's proposal to construct seals 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 criterion 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 for the 11 Vein Slope
Mine with conditions for seals installed at the mine.
Docket No.: M-95-012-C.
FR Notice: 60 FR 11680.
Petitioner: Stephen Shingara Jr. Coal Company.
Reg Affected: 30 CFR 75.335 (a)(1).
Summary of Findings: Petitioner's proposal to construct seals 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 criterion in the 10
psi range; and to permit the water trap to be installed in the monkey
seal for seals installed in pairs considered acceptable alternative
method. Granted for the No. 1 Slope with conditions for seals installed
in this mine considered acceptable alternative method.
Docket No.: M-95-013-C.
FR Notice: 60 FR 11681.
Petitioner: Stephen Shingara Jr. Coal Company.
Reg Affected: 30 CFR 75.360(b)(5).
Summary of Findings: Petitioner's proposal to examine each seal for
physical damage from the slope gunboat during the preshift examination
after an air quantity reading is taken in by the intake portal; to test
for the quantity and quality of air at the intake air split locations
off the slope in the gangway portion of the working section; and to
physically examine the entire length of the slope once a month
considered acceptable alternative method. Granted for the No. 1 Slope
Mine with conditions for examination of seals in the intake air haulage
slope of this mine.
Docket No.: M-95-014-C.
FR Notice: 60 FR 11681.
Petitioner: Stephen Shingara Jr. Coal Company.
Reg Affected: 30 CFR 75.1100-2(a)(2).
Summary of Findings: Petitioner's proposal to use only portable
fire extinguishers to replace existing requirements where rock dust,
water cars, and other water storage are not practical considered
acceptable alternative method. Granted for the No. 1 Slope Mine with
conditions for firefighting equipment in the working section.
Docket No.: M-95-015-C.
FR Notice: 60 FR 11681.
Petitioner: Stephen Shingara Jr. Coal Company.
Reg Affected: 30 CFR 75.1200(d) & (1).
Summary of Findings: Petitioner's proposal to use cross-sections
instead of contour lines through the intake slope, at locations of rock
tunnel connections between veins, and at 1,000 feet intervals of
advance from the intake slope and to limit the mapping of mine workings
above and below to those present within 100 feet of the vein being
mined except when veins are interconnected to other veins beyond the
100 feet limit through rock tunnels considered acceptable alternative
method. Granted for the No. 1 Slope Mine with conditions for the use of
cross sections, in lieu of contour lines, limiting the mapping of mines
above or below this mine to those within 100 feet of the vein being
mined.
Docket No.: M-95-016-C.
FR Notice: 60 FR 11681.
Petitioner: Stephen Shingara Jr. Coal Company.
[[Page 42916]]
Reg Affected: 30 CFR 75.1202-1(a).
Summary of Findings: Petitioner's proposal to revise and supplement
mine maps on an annual basis instead of the required 6 month interval
and to update maps daily by hand notations considered acceptable
alternative method. Granted for the No. 1 Slope Mine with conditions
for annual revisions and supplements of the mine map.
Docket No.: M-95-018-C.
FR Notice: 60 FR 11681.
Petitioner: Pen Coal Corporation.
Reg Affected: 30 CFR 75.503.
Summary of Findings: Petitioner's proposal to replace a padlock on
battery plug connectors with a threaded ring and a spring loaded device
on mobile battery-powered machines to prevent the plug connector from
accidently disengaging while under load; to have a warning tag on all
battery plug connectors on the battery-powered machines that states
``do not disengage plugs under load;'' and to instruct all persons
required to operate or maintain the battery-powered machines in the
safe practices and provisions provided for in the alternative method of
compliance considered acceptable alternative method. Granted for the
Frank Branch No. 2 mine with conditions for the use of permanently
installed spring-loaded locking devices in lieu of pad locks on battery
plugs.
Docket No.: M-95-019-C.
FR Notice: 60 FR 11681.
Petitioner: Copperas Coal Corporation.
Reg Affected: 30 CFR 75.503.
Summary of Findings: Petitioner's proposal to replace a padlock on
battery plug connectors with a threaded ring and a spring loaded device
on mobile battery-powered machines to prevent the plug connector from
accidently disengaging while under load; to have a warning tag on all
battery plug connectors on the battery-powered machines that states
``do not disengage plugs under load''; and to instruct all persons
required to operate or maintain the battery-powered machines in the
safe practices and provisions provided for in the alternative method of
compliance considered acceptable alternative method. Granted for the
Red Oak Mine with conditions for the use of permanently installed
spring-loaded locking devices in lieu of padlocks on battery plugs.
Docket No.: M-95-023-C.
FR Notice: 60 FR 16165.
Petitioner: U.S Steel Mining Company, Inc.
Reg Affected: 30 CFR 75.1101-1(b).
Summary of Findings: Petitioner's proposal to continue its weekly
inspections and functional testing of the complete deluge-type water
spray system and to remove blow-off dust covers from the nozzles
considered acceptable alternative method. Granted for the Gary No. 50
Mine with conditions for weekly examination and functional testing of
deluge type fire suppression systems installed at conveyor belt drives
in lieu of dust covers for nozzles of water deluge fire suppression
systems at the mine.
Docket No.: M-95-026-C.
FR Notice: 60 FR 16165.
Petitioner: McElroy Coal Company.
Reg Affected: 30 CFR 75.503.
Summary of Findings: Petitioner's proposal to increase the maximum
length of its trailing cables to 800 feet to supply three-phase, 480-
volt power to loading machines, shuttle cars, roof bolters, and section
ventilation fans during development of longwall panels considered
acceptable alternative method. Granted for the McElroy Mine with
conditions for the 480-volt loading machines, roof bolters, shuttle
cars, and section ventilation fans used in the three-entry longwall
panels and six-entry main and submain sections.
Docket No.: M-95-027-C.
FR Notice: 60 FR 16165.
Petitioner: Monterey Coal Company.
Reg Affected: 30 CFR 75.1100-2(i)(1).
Summary of Findings: Petitioner's proposal to use the following
materials: 112 Kennedy Metal Stopping Panels with associated head sills
and twist clamps, 24 Kennedy Stopping Rib Angles, 2 rolls of tape, 2
twist tools, 2 rolls of brattice cloth, 2 stopping jacks, 2 picks, 2
shovels, 6 buckets of Celtite 10-12 Airtite (or equivalent material for
stoppings), and 5 tons of rock dust considered acceptable alternative
method. Granted for the No. 2 Mine with conditions for emergency
materials readily available at locations not exceeding 2 miles from
each working section.
Docket No.: M-95-029-C.
FR Notice: 60 FR 16165.
Petitioner: U.S. Steel Mining Company, Inc.
Reg Affected: 30 CFR 75.1002.
Summary of Findings: Petitioner's proposal to use high-voltage
(4,160 volts) cables to power longwall mining equipment and to train
all electrical personnel before the alternative method is implemented
considered acceptable alternative method. Granted for the Maple Creek
Mine with conditions for the high-voltage equipment located at the
mine.
Docket No.: M-95-036-C.
FR Notice: 60 FR 16166.
Petitioner: Consolidation Coal Company.
Reg Affected: 30 CFR 75.503.
Summary of Findings: Petitioner's proposal to increase the maximum
length of its trailing cables to 800 feet to supply three-phase, 480-
volt power to loading machines, shuttle cars, roof bolters, and section
ventilation fans during development of longwall panels considered
acceptable alternative method. Granted for the Shoemaker Mine with
conditions for the 480-volt loading machines, roof bolters, shuttle
cars, and section ventilation fans used in the three-entry longwall
panels and six-entry main and submain sections at the mine.
Docket No.: M-95-037-C.
FR Notice: 60 FR 16166.
Petitioner: Cyprus Emerald Resources Corporation.
Reg Affected: 30 CFR 75.1002.
Summary of Findings: Petitioner's proposal to use high-voltage
(4,160 volts) cables to power longwall mining equipment considered
acceptable alternative method. Granted for the Emerald Mine No. 1 with
conditions for the 4,160-volt high-voltage equipment located at the
mine.
Docket No.: M-95-038-C.
FR Notice: 60 FR 16166.
Petitioner: Twentymile Coal Company.
Reg Affected: 30 CFR 75.1002.
Summary of Findings: Petitioner's proposal to use high-voltage
(4,160 volts) cables to power longwall mining equipment considered
acceptable alternative method. Granted for the Foidel Creek Mine with
conditions for the 4,160-volt high-voltage equipment located at the
mine.
Docket No.: M-95-039-C.
FR Notice: 60 FR 18147.
Petitioner: C & B Mining Company.
Reg Affected: 30 CFR 75.335(a)(1).
Summary of Findings: Petitioner's proposal to construct seals 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 for the No. 2 Vein
Slope Mine with conditions for seals installed in this mine.
Docket No.: M-95-041-C.
FR Notice: 60 FR 18147.
Petitioner: C & B Mining Company.
Reg Affected: 30 CFR 75.1100-2(a)(2).
Summary of Findings: Petitioner's proposal to use only portable
fire extinguishers to replace existing
[[Page 42917]]
requirements where rock dust, water cars, and other water storage are
not practical considered acceptable alternative method. Granted for the
No. 2 Vein Slope Mine with conditions for firefighting equipment in the
working sections at the mine.
Docket No.: M-95-042-C.
FR Notice: 60 FR 18147.
Petitioner: C & B Mining Company.
Reg Affected: 30 CFR 75.1200 (d), (h), and (i).
Summary of Findings: Petitioner's proposal to use cross-sections
instead of contour lines through the intake slope, at locations of rock
tunnel connections between veins, and at 1,000 feet intervals of
advance from the intake slope and to limit the mapping of mine workings
above and below to those present within 100 feet of the vein being
mined except when veins are interconnected to other veins beyond the
100 feet limit through rock tunnels considered acceptable alternative
method. Granted for the No. 2 Vein Slope Mine with conditions for the
use of cross-sections, in lieu of contour lines, limiting the mapping
of mines above or below this mine to those within 100 feet of the vein
being mined.
Docket No.: M-95-043-C.
FR Notice: 60 FR 18147.
Petitioner: C & B Mining Company.
Reg Affected: 30 CFR 75.1202-1(a).
Summary of Findings: Petitioner's proposal to revise and supplement
mine maps on an annual basis instead of the required 6 month interval
and to update maps daily by hand notations considered acceptable
alternative method. Granted for the No. 2 Vein Slope Mine with
conditions for annual revisions and supplements of the mine map.
Docket No.: M-95-044-C.
FR Notice: 60 FR 18147.
Petitioner: Kerr-McGee Coal Corporation.
Reg Affected: 30 CFR 75.503.
Summary of Findings: Petitioner's proposal to use trailing cables
to supply power to the Fletcher single boom roof bolter, Model No. CDR-
13-EC-F, Approval No. 2G-2674A-4, and all updated approval extensions
of this equipment as applicable and request to amend granted petition
(Docket No. M-94-53-C) considered acceptable alternative method.
Granted for the Galatia No. 56-1 Mine with conditions for the use of
longer trailing cables to supply power to single boom Fletcher roof
bolters, Model No. DR-13, approval No. 2G2956A-1, and the Petitto
shield mover, Model No. 1039, approval no. 2G-3113A-1.
Docket No.: M-95-045-C.
FR Notice: 60 FR 18147.
Petitioner: Kerr-McGee Coal Corporation.
Reg Affected: 30 CFR 75.503.
Summary of Findings: Petitioner's proposal to use trailing cables
to supply power to the Fletcher single boom roof bolter, Model No. CDR-
13-EC-F, Approval No. 2G-2674A-4, and all updated approval extensions
of this equipment as applicable and request to amend granted petition
(Docket No. M-91-12-C) considered acceptable alternative method.
Granted for the Galatia No. 56-1 Mine with conditions for the use of
longer trailing cables to supply power to single boom Fletcher roof
bolters, Model No. CDR-13-EC-F, approval No. 2G2674A-4.
Docket No.: M-95-046-C.
Petitioner: Roberts Brothers Coal Company, Inc.
Reg Affected: 30 CFR 75.901(a).
Summary of Findings: Petitioner's proposal to operate its Diesel
Powered Generator (DPG) without an earth referenced ground and proposal
to use resistors, ground fault relays and trips, and SHD-GC shielded
cable in lieu of an earth referenced ground considered acceptable
alternative method. Granted for the Cardinal No. 2 Mine with conditions
for the diesel powered generator located at the mine.
Docket No.: M-95-054-C.
FR Notice: 60 FR 21831.
Petitioner: CONSOL of Kentucky, Inc.
Reg Affected: 30 CFR 75.1101-8.
Summary of Findings: Petitioner's proposal to use a single overhead
pipe system with \1/2\ inch orifice automatic sprinklers located on 10-
foot centers, to cover 50 feet of fire-resistant belt or 150 feet of
nonfire-resistant belt with actuation temperatures between 200 degrees
and 230 degrees fahrenheit and with water pressure equal to or greater
than 10 psi; and to have sprinklers located not more than 10 feet
apart, so that the discharge of water would extend over the belt drive,
belt take-up, electrical control, and gear reducing unit considered
acceptable alternative method. Granted for the Indian Gap Mine with
conditions for the use of a single overhead branch line sprinkler
system at main and secondary conveyor belt drives.
Docket No.: M-95-055-C.
FR Notice: 60 FR 21831.
Petitioner: Mountain Valley Management, Inc., T/A Bucket Coal
Company.
Reg Affected: 30 CFR 75.335(a)(1).
Summary of Findings: Petitioner's proposal to construct seals 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 for the Heather Mine
with conditions for seals installed at this mine.
Docket No.: M-95-060.
FR Notice: 60 FR 21832.
Petitioner: Mystic Energy, Inc.
Reg Affected: 30 CFR 75.503.
Summary of Findings: Petitioner's proposal to replace a padlock on
battery plug connectors on mobile battery-powered machines used inby
the last open crosscut with a threaded ring and a spring loaded device
to prevent the plug connector from accidently disengaging while under
load; to provide a warning tag that states ``Do Not Disengage Plugs
Under Load'' on all battery plug connectors on battery-powered machines
using the alternative method; and to instruct all persons who are
required to operate or maintain the battery-operated machines on safe
work practices and procedures considered acceptable alternative method.
Granted for the Candice No. 2 Mine with conditions for the use of
permanently installed spring-loaded locking devices in lieu of padlocks
on battery plugs.
Docket No.: M-95-061-C.
FR Notice: 60 FR 21832.
Petitioner: AMAX Coal West, Inc.
Reg Affected: 30 CFR 77.1304(a).
Summary of Findings: Petitioner's proposal to use petroleum-based
lubrication oils, recycled from equipment used at its mine for blending
with fuel oil to create ammonium nitrate/fuel oil (ANFO) for use as a
blasting agent at its surface coal mine considered acceptable
alternative method. Granted for the Eagle Butte Mine with conditions.
Docket No.: M-95-062-C.
FR Notice: 60 FR 21832.
Petitioner: Pen Coal Corporation.
Reg Affected: 30 CFR 75.503.
Summary of Findings: Petitioner's proposal to replace a padlock on
battery plug connectors on mobile battery-powered machines used inby
the last open crosscut with a threaded ring and a spring loaded device
to prevent the plug connector from accidently disengaging while under
load; to provide a warning tag that states ``Do Not Disengage Plugs
Under Load'' on all battery plug connectors on battery-powered machines
using the alternative method; and to instruct all persons who are
required to operate or maintain the battery-operated machines on safe
work
[[Page 42918]]
practices and procedures considered acceptable alternative method.
Granted for the Develstrace No. 3 Mine with conditions for the use of
permanently installed spring-loaded locking devices in lieu of padlocks
on battery plugs.
Docket No.: M-95-064-C.
FR Notice: 60 FR 26903.
Petitioner: Shady Lane Coal Corporation.
Reg Affected: 30 CFR 77.214(a).
Summary of Findings: Petitioner's proposal to construct a refuse
fill in an area containing abandoned mine openings considered
acceptable alternative method. Granted for the Mine No. 4 with
conditions to allow installation of refuse piles over the abandoned
mine opening at No. 2 and No. 8 mines.
Docket No.: M-95-065-C.
FR Notice: 60 FR 26903.
Petitioner: Genewal Resources, Inc.
Reg Affected: 30 CFR 75.804(a).
Summary of Findings: Petitioner's proposal to use Anaconda type
SHD+GC, Pirelli type SHD-CENTER-GC, and Tiger Brand type SHD-CGC flame-
resistant cables with a flexible No. 16 (A.W.G.) ground check conductor
for the ground continuity check circuit considered acceptable
alternative method. Granted for the Crandall Canyon Mine with
conditions for Genewal Resources, Inc. Crandall Canyon Mine's longwall
systems.
Docket No.: M-95-067-C.
FR Notice: 60 FR 29714.
Petitioner: H & S Coal Company.
Reg Affected: 30 CFR 75.1400.
Summary of Findings: Petitioner's proposal to use a slope
conveyance (gunboat) in transporting persons without installing safety
catches or other no less effective devices but instead use a increased
rope strength/safety factor and secondary safety rope connection in
place of such devices considered acceptable alternate method. Granted
for the No. 1 Slope Mine with conditions for the use of the gunboat
without safety catches.
Docket No.: M-95-070-C.
FR Notice: 60 CFR 29714.
Petitioner: Clinchfield Coal Company.
Reg Affected: 30 CFR 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 to ventilate the
active working faces, and to dilute and render harmless respirable dust
and harmful gases considered acceptable alternative method. Granted for
the McClure No. 2 Mine with conditions to allow air coursed through
conveyor belt entries to be used to ventilate working places.
Docket No.: M-95-074-C.
FR Notice: 60 FR 29715.
Petitioner: Industrial Coal Corporation.
Reg Affected: 30 CFR 77.214(a).
Summary of Findings: Petitioner's proposal to seal the mine by
removing all sloughed overburden for 10 to 12 feet in front of and to
either side of the drift openings in order to allow placement of
suitable material for sealing, and to install a rock core underdrain
constructed of durable sandstone rock, enclosed in filter fabric to
prevent piping, and/or 2 to 3 inch CMP drain for wet seal in the lowest
entry; to backfill the portal areas with an impervious, noncombustible
material, that contains enough fines to ensure an airtight seal and
compacted to 90 percent Proctor dry density; to backfill to 4 feet
above drift openings or to 4 feet above any visible cracks above the
drifts; and to backfill all exposed coal seams in the vicinity of the
openings to a minimum depth of 4 feet above the top of the seam
considered acceptable alternative method. Granted for the Mine No. 3
with conditions to allow installation of refuse piles over the
abandoned mine opening at No. 2 and No. 8 mines.
Docket No.: M-95-075-C.
FR Notice: 60 FR 29715.
Petitioner: Trapper Mining, Inc.
Reg Affected: 30 CFR 77.1304(a).
Summary of Findings: Petitioner's proposal to allow the addition of
petroleum-based solvent (NAPHTHA) to the recycled oil/diesel fuel
mixture in the creation of an ammonium nitrate-fuel oil (ANFO) for use
as a blasting agent at the mine site which would amend granted petition
(Docket No. M-93-54-C) considered acceptable alternative method.
Granted for the Trapper Mine with conditions for the use of petroleum-
based lubricating oils and solvents in ANFO.
Docket No.: M-95-076-C.
FR Notice: 60 FR 29715.
Petitioner: Twentymile Coal Company.
Reg Affected: 30 CFR 75.507.
Summary of Findings: Petitioner's proposal to use high-voltage
submersible pumps in boreholes drilled into a sump area of the mine and
request to amend granted petition (Docket No. M-90-79-C) considered
acceptable alternative method. Granted for the Foidel Creek Mine with
conditions for the use of non-permissible submersible high-voltage
pumps located throughout the mine.
Docket No.: M-95-077-C.
FR Notice: 60 FR 29715.
Petitioner: Twentymile Coal Company.
Reg Affected: 30 CFR 75.803.
Summary of Findings: Petitioner's proposal to use high-voltage
submersible pumps in boreholes drilled into a sump area of the mine and
request to amend granted petition (Docket No. M-90-80-C) considered
acceptable alternative method. Granted for the Foidel Creek Mine with
conditions.
Docket No.: M-95-086-C.
FR Notice: 60 FR 29715.
Petitioner: Keystone Coal Mining Corporation.
Reg Affected: 30 CFR 75.380(d)(3).
Summary of Findings: Petitioner's proposal to continue utilizing
the passable escapeway as it presently exists for approximately 8 to 9
feet as an alternative to enhancing the height of the overcast area due
to geologic conditions of that area of the mine and assertion that
application of the standard would result in a diminution of safety to
the miners considered acceptable alternative method. Granted for the
Emilie No. 1 Mine with conditions for the continued use of the primary
escapeway less than seam height over the overcast at three cross cuts
inby the belt/track haulage slope.
Docket No.: M-95-094-C.
FR Notice: 60 FR 39429.
Petitioner: Western Mingo Coal Company.
Reg Affected: 30 CFR 75.350.
Summary of Findings: Petitioner's proposal to install a low-level
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 for the Northern Mingo No. 2
Mine with conditions to allow air coursed through conveyor belt entries
to be used to ventilate working places.
Docket No.: M-95-095-C.
FR Notice: 60 FR 39429.
Petitioner: CONSOL of Kentucky, Inc.
Reg Affected: 30 CFR 75.1101-8.
Summary of Findings: Petitioner's proposal to use a single overhead
pipe system with 1/2-inch orifice automatic sprinklers located on 10-
foot centers to cover 50 feet of fire-resistant belt or 150 feet of
nonfire-resistant belt with actuation temperatures between 200 degrees
and 230 degrees fahrenheit and with water pressure equal to or greater
than 10 psi; to have automatic sprinklers located not more than 10 feet
apart in order for the discharge of water to extend over the belt
drive, belt take-up, electrical control, and gear reducing unit; and to
conduct annual functional tests of each water sprinkler system
considered acceptable alternative method. Granted for the 9ab-h4 Mine
[[Page 42919]]
with conditions for a single overhead pipe sprinkler system.
Docket No.: M-95-096-C.
FR Notice: 60 FR 39429.
Petitioner: Cyprus Cumberland Resources Corporation.
Reg Affected: 30 CFR 75.507.
Summary of Findings: Petitioner's proposal to use nonpermissible
submersible pumps to dewater bleeder sumps or bleeder entries in order
to provide unrestricted airflow into the return air shaft or through
the return entries and assertion that application of the standard would
result in a diminution of safety to the miners considered acceptable
alternative method. Granted for the Cumberland Mine with conditions for
the use of non-permissible submersible 480-volt pumps located
throughout the cumberland mine, including in the area at or near the
bottom of the No. 1 bleeder shaft of the No. 32 longwall panel.
Docket No.: M-95-097-C.
FR Notice: 60 FR 39429.
Petitioner: Cyprus Empire Corporation.
Reg Affected: 30 CFR 75.1002.
Summary of Findings: Petitioner's result to amend item 10 of
previously granted petition (Docket No. M-84-263-C) considered
acceptable alternative method. Granted for the Eagle No. 5 Mine with
conditions.
Docket No.: M-95-098-C.
FR Notice: 60 FR 39429.
Petitioner: Mt. Top Coal Company.
Reg Affected: 30 CFR 75.335(a)(1).
Summary of Findings: Petitioner's proposal to construct seals 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 criterion in the 10
psi range; and to permit the water trap to be installed in the gangway
and sampling tube in the monkey seal for seals installed in pairs
considered acceptable alternative method. Granted for the Mt. Top Coal
Company Mine with conditions for seals installed at the mine.
Docket No.: M-95-118-C.
FR Notice: 60 FR 52217.
Petitioner: Consolidation Coal Company.
Reg Affected: 30 CFR 75.804(a).
Summary of Findings: Petitioner's proposal to use high-voltage
cables (4,160-volts) CABLEC/BICC Anaconda Brand, 5kV, 3/C, type SHD+GC;
Amercable Tiger Brand, 3/C, 5kV, type SHD-CGC; Pirelli 5kV, 3/C, type
SHD-CENTER-GC; or similar 5,000-volt conductor cables with an internal
ground check conductor smaller than No. 10 A.W.G. as a part of its
longwall mining system considered acceptable alternative method.
Granted for the Robinson Run No. 95 Mine with conditions for
Consolidated Coal Company's, Robinson Run No. 95 Mine's longwall
systems.
Docket No.: M-95-120-C.
FR Notice: 60 FR 52217.
Petitioner: Energy West Mining Company.
Reg Affected: 30 CFR 75.804(a).
Summary of Findings: Petitioner's request to amend previously
granted petition (Docket No. M-94-107-C) to include its new Trail
Mountain Mine, an extension of the Cottonwood Mine for use of the
Cablec Anaconda Brand 5kV, 3/C, type SHD+GC; Pirelli 5kV, 3/C, type
SHD-CENTER-GC; or Tiger Brand 5kV, type SHC-CGC; on high-voltage
longwall equipment considered acceptable alternative method. Granted
for the Deer Creek Mine with conditions for Energy West Mining
Company's, Deer Creek and Trail Mountain Mine's longwall systems.
Docket No.: M-95-121-C.
FR Notice: 60 FR 52217.
Petitioner: Energy West Mining Company.
Reg Affected: 30 CFR 75.1100-2(e)(2).
Summary of Findings: Petitioner's requests to amend previously
granted petition (Docket No. M-94-92-C) to include its new Trail
Mountain Mine for the use of fire extinguishers instead of rock dust at
temporary electrical installations considered acceptable alternative
method. Granted for the Deer Creek Mine, Cottonwood Mine and Trail
Mountain Mine.
Docket No.: M-95-131-C.
FR Notice: 60 FR 52219.
Petitioner: Performance Coal Company.
Reg Affected: 30 CFR 75.1002.
Summary of Findings: Petitioner's proposal to use high-voltage
(4,160 volts) cables to power longwall equipment considered acceptable
alternative method. Granted for the Upper Big Branch South Mine with
conditions for the 4,160-volt longwall equipment.
Docket No.: M-95-138-C.
FR Notice: 60 FR 54391.
Petitioner: McElroy Coal Company.
Reg Affected: 30 CFR 75.1002.
Summary of Findings: Petitioner's proposal to use high-voltage
(4,160 volts) cables in by the last open crosscut to supply power to
longwall mining equipment considered acceptable alternative method.
Granted for the McElroy Mine with conditions for the 4,160-volt
longwall equipment.
Docket No.: M-95-153-C.
FR Notice: 60 FR 57024.
Petitioner: Twentymile Coal Company.
Reg Affected: 30 CFR 75.804(a).
Summary of Findings: Petitioner's request to amend previously
granted petition (Docket No. M-92-55-C), to use high-voltage (2400 and
4160-volts) cables made by any manufacturer instead of one
manufacturer, type Tiger Brand SHD-CGC, Pirelli SHD-Center-GC, and
Cablec SHD + GC Cables, or any cable manufactured to ICEA specification
S-75-381 for type SHD-3 conductor cable that is 5000 volt MSHA-accepted
flame-resistant cable, with a ground-check wire that is 16 A.W.G
minimum for its longwall systems considered acceptable alternative
method. Granted for the Foidel Creek Mine with conditions for
Twentymile Coal Company, Foidel Creek Mine's longwall systems.
[FR Doc. 96-21021 Filed 8-16-96; 8:45 am]
BILLING CODE 4510-43-P
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