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 of the Federal Mine Safety and Health Act of

1977, the Secretary of Labor 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 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.

The cite following ``FR Notice:'' refers to the issue of the Federal

Register where MSHA published the notice that the petitioner was

seeking a modification.

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: June 16, 1999.

Carol J. Jones,

Acting Director, Office of Standards, Regulations and Variances.

Affirmative Decisions on Petitions for Modification

Docket No.: M-98-011-C.

FR Notice: 63 FR 11697.

Petitioner: FKZ Coal, Inc.

Regulation Affected: 30 CFR 75.1100-2.

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.

Docket No.: M-98-022-C.

FR Notice: 63 FR 18232.

Petitioner: Consolidation Coal Company.

Regulation Affected: 30 CFR 75.503.

Summary of Findings: Petitioner's proposal to use a spring-loaded

metal locking device instead of padlocks for securing battery-charging

plugs to machine-mounted battery receptacles on permissible, mobile,

battery-powered scoop cars considered acceptable alternative method.

Granted for the Rend Lake Mine with conditions.

Docket No.: M-98-028-C.

FR Notice: 63 FR 29034.

Petitioner: Lodestar Energy.

Regulation Affected: 30 CFR 75.503.

Summary of Findings: Petitioner's proposal to use 750 feet of No. 6

cable on Fletcher single boom roof bolters considered acceptable

alternative method. Granted for the Baker Mine with conditions.

Docket No.: M-98-030-C.

FR Notice: 63 FR 29034.

Petitioner: Lone Mountain Processing, Inc.

[[Page 33324]]

Regulation Affected: 30 CFR 75.350.

Summary of Findings: Petitioner's proposal to use belt air to

ventilate active working places and to install a low-level carbon

monoxide detection system as an early warning fire detection system in

belt entries considered acceptable alternative method. Granted for the

Darby Fork No. 1 and Huff Creek Mine No. 1 with conditions.

Docket No.: M-98-031-C.

FR Notice: 63 FR 29034.

Petitioner: Freeman United Coal Mining Company.

Regulation Affected: 30 CFR 75.1002.

Summary of Findings: Petitioner's proposal to use 2,400 volt A.C.

cables and equipment inby the last open crosscut within 150 feet of gob

areas so that they can be used to power continuous mining equipment

considered acceptable alternative method. Granted for the Crown II Mine

with conditions.

Docket No.: M-98-032-C.

FR Notice: 63 FR 29034.

Petitioner: Mettiki Coal Corporation.

Regulation Affected: 30 CFR 75.1002.

Summary of Findings: Petitioner's proposal to use 4,300 volt cables

on high-voltage longwall electric equipment used within 150 feet from

pillar workings (longwall gob) considered acceptable alternative

method. Granted for the Mettiki Mine with conditions.

Docket No.: M-98-035-C.

FR Notice: 63 FR 29034.

Petitioner: Lone Mountain Processing, Inc.

Regulation Affected: 30 CFR 75.1103-4.

Summary of Findings: Petitioner's proposal to use belt air to

ventilate active working places and to install a low-level carbon

monoxide detection system as an early warning fire detection system

considered acceptable alternative method. Granted for the Darby Fork

Mine No. 1 with conditions.

Docket No.: M-98-037-C.

FR Notice: 63 FR 29035.

Petitioner: CONSOL of Kentucky, Inc.

Regulation Affected: 30 CFR 75.1101-8.

Summary of Findings: Petitioner's proposal to use a single line of

automatic sprinklers for its fire protection system on the main and

secondary belt conveyors at the Motts Branch Mine considered acceptable

alternative method. Granted for the Motts Branch Mine with conditions.

Docket No.: M-98-044-C.

FR Notice: 63 FR 41598.

Petitioner: Joliett Coal Company.

Regulation Affected: 30 CFR 75.335.

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 use; a design criteria in the 10 psi

range; and to install the water trap in the gangway seal and sampling

tube in the monkey seal for seals installed in pairs considered

acceptable alternative method. Granted for the No. 3 Vein Slope Mine

with conditions.

Docket No.: M-98-045-C.

FR Notice: 63 FR 41598.

Petitioner: Joliett Coal Company.

Regulation Affected: 30 CFR 75.360.

Summary of Findings: Petitioner's proposal to visually examine each

seal for physical damage from the slope gunboat during the pre-shift

examination after an air quality reading is taken inby the intake

portal and 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

considered acceptable alternative method. Granted for the No. 3 Vein

Slope Mine with conditions.

Docket No.: M-98-046-C.

FR Notice: 63 FR 41598.

Petitioner: Joliett Coal Company.

Regulation Affected: 30 CFR 75.364 .

Summary of Findings: Petitioner's proposal to 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

level, and to travel and thoroughly examine these areas for hazardous

conditions once a month considered acceptable alternative method.

Granted for the Mine No. 3 Vein Slope Mine with conditions.

Docket No.: M-98-048-C.

FR Notice: 63 FR 41598.

Petitioner: Joliett Coal Company.

Regulation Affected: 30 CFR 75.1100-2.

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 is not practical considered

acceptable alternative method. Granted for the No. 3 Vein Slope Mine

with conditions.

Docket No.: M-98-049-C.

FR Notice: 63 FR 41598.

Petitioner: Joliett Coal Company.

Regulation Affected: 30 CFR 75.1200.

Summary of Findings: Petitioner's proposal to use cross-sections

instead of contour lines, limiting the mapping of mines above or below

this mine to those within 100 feet of the vein being mined considered

acceptable alternative method. Granted for the No. 3 Vein Slope Mine

with conditions.

Docket No.: M-98-050-C.

FR Notice: 63 FR 41598.

Petitioner: Joliett Coal Company.

Regulation Affected: 30 CFR 75.1202-1.

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

mine maps annually instead of every 6 months, as required, and to

update maps daily by hand notations considered acceptable alternative

method. Granted for the No. 3 Vein Slope Mine.

Docket No.: M-98-051-C.

FR Notice: 63 FR 41598.

Petitioner: Webster County Coal Corporation.

Regulation Affected: 30 CFR 75.364.

Summary of Findings: Petitioner's proposal to establish two

continuous monitoring stations to continuously monitor for methane and

oxygen; to have an audible alarm signal at a surface location where a

responsible person would be on duty at all times while miners are

underground, and to train this person in the proper procedures for

handling the monitoring system if immediate action is necessary in the

event of an emergency or malfunction; to have a certified person check

the monitoring stations weekly for air quantity and direction; and to

have the results of the check recorded in a book that would be

maintained on the surface considered acceptable alternative method.

Granted for the Dotiki Mine with conditions.

Docket No.: M-98-053-C.

FR Notice: 63 FR 44291.

Petitioner: Primrose Coal Company.

Regulation 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 increased

rope strength and secondary safety rope connection in place of such

devices considered acceptable alternative method. Granted for the Buck

Mountain Vein Slope Mine with conditions.

Docket No.: M-98-058-C.

FR Notice: 63 FR 44291.

Petitioner: Rustler Coal Company.

Regulation Affected: 30 CFR 75.1405.

Summary of Findings: Petitioner's proposal to use bar and pin, or

link and pin couplers on underground haulage equipment considered

acceptable alternative method. Granted for the Archard Slope Mine with

conditions.

Docket No.: M-98-059-C.

FR Notice: 63 FR 44291.

Petitioner: CONSOL of Kentucky, Inc.

Regulation Affected: 30 CFR 75.1101-8.

[[Page 33325]]

Summary of Findings: Petitioner's proposal to use a single line of

automatic sprinklers for its fire protection system on main and

secondary belt conveyors in the Big Springs No. 1 Mine, and to have the

automatic 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 Big Springs No. 17 Mine with

conditions.

Docket No.: M-98-068-C.

FR Notice: 63 FR 45865.

Petitioner: Jewell Smokeless Coal Corporation.

Regulation Affected: 30 CFR 77.214.

Summary of Findings: Petitioner's proposal to construct a refuse

bench fill in an area containing abandoned mine openings considered

acceptable alternative method. Granted for the Dominion Mine No. 25

with conditions.

Docket No.: M-98-071-C.

FR Notice: 63 FR 45866.

Petitioner: Mettiki Coal Corporation.

Regulation Affected: 30 CFR 75.804.

Summary of Findings: Petitioner's proposal to use specially

designed high-voltage cables for longwall mining equipment, and to use

cables that would be MSHA accepted as flame-resistant and used only for

high-voltage longwall equipment; and to train miners performing

electrical maintenance on high-voltage cables on the longwall to safely

install, splice, and repair the specially designed high-voltage cables

considered acceptable alternative method. Granted for the Mettiki Mine

with conditions.

Docket No.: M-98-072-C.

FR Notice: 63 FR 45866.

Petitioner: Independence Coal Company, Inc.

Regulation Affected: 30 CFR 75.1700.

Summary of Findings: Petitioner's proposal to plug oil and gas

wells using specific procedures outlined in the petition for

modification considered acceptable alternative method. Granted for the

Justice No. 1 Mine with conditions.

Docket No.: M-98-075-C.

FR Notice: 63 FR 48765.

Petitioner: The Kedco, Inc.

Regulation Affected: 30 CFR 75.503 (18.41(f)).

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 considered acceptable

alternative method. Granted for the No. 2 Mine with conditions.

Docket No.: M-98-079-C.

FR Notice: 63 FR 50603.

Petitioner: Independence Coal Company.

Regulation Affected: 30 CFR 75.1002.

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

longwall mining equipment and that the nominal voltage of the longwall

power circuit(s) would not exceed 4,160 volts considered acceptable

alternative method. Granted for the Justice No. 1 Mine with conditions.

Docket No.: M-98-083-C.

FR Notice: 63 FR 58430.

Petitioner: Long Branch Coal.

Regulation Affected: 30 CFR 75.503.

Summary of Findings: Petitioner's proposal to use a threaded ring

and a spring loaded device on battery plug connectors on mobile

battery-powered machines to prevent the plug connector from accidently

disengaging while under load considered acceptable alternative method.

Granted for Mine No. 23 with conditions.

Docket No.: M-97-049-C.

FR Notice: 62 FR 29371.

Petitioner: Island Creek Coal Company.

Regulation Affected: 30 CFR 75.364.

Summary of Findings: Petitioner's proposal to monitor the water

level by a float and if the water level goes away indicating a problem

with the seal below water, a set of contacts will close sounding an

alarm in the mine-wide monitoring system on the surface; to check the

water level each production day; to establish two check points to

monitor the affected area; to maintain these check points in a safe

condition; to have a certified person test these check points on a

weekly basis for methane and the quantity of air; and to have the

person making the tests place his/her initials, date, and time in a

record book kept on the surface and made available for inspection by

interested persons considered acceptable alternative method. Granted

for the Ohio No. 11 Mine with conditions for continuous monitoring

using intrinsically safe sensors installed as part of the mines AMS and

weekly evaluation for methane and oxygen content of the air ventilating

the flooded mine seals No. 1 (Old Supply Slope) and No. 2 (Old Belt

Slope).

Docket No.: M-97-092-C.

FR Notice: 62 FR 46379.

Petitioner: Peabody Coal Company.

Regulation Affected: 30 CFR 75.364.

Summary of Findings: Petitioner's proposal to monitor methane and

oxygen concentrations and the volume of air at the locations and

frequency specified in the petition; to have trained and certified

persons conduct the monitoring; and to record the results of the

monitoring in a book to be maintained on the surface of the mine

considered acceptable alternative method. Granted for the Camp No. 11

Mine with conditions.

Docket No.: M-97-128-C.

FR Notice: 63 FR 2698.

Petitioner: Jim Walter Resources, Inc.

Regulation Affected: 30 CFR 75.1002.

Summary of Findings: Petitioner's proposal to amend the Decision

and Order Granting Petition for Modification No. M-85-045-C is granted.

The Assistant Secretary had granted a modification of 30 C.F.R.

75.1002. The amendment states that where high-voltage cable that moves

during normal operation of the longwall is damaged to the extent that

any metallic component of the cable is damaged, the cable shall be

repaired and the outer jacket of such repair shall be vulcanized with

flame-resistant material. Granted for the No. 5 Mine with conditions.

Docket No.: M-97-129-C.

FR Notice: 63 FR 2698.

Petitioner: Jim Walter Resources, Inc.

Regulation Affected: 30 CFR 75.1002.

Summary of Findings: Petitioner's proposal to amend the Decision

and Order Granting Petition for Modification No. M-97-129-C is granted.

The Assistant Secretary had granted a modification of 30 CFR 75.1002.

The amendment states that where high-voltage cable that moves during

normal operation of the longwall is damaged to the extent that any

metallic component of the cable is damaged, the cable shall be repaired

and the outer jacket of such repair shall be vulcanized with flame-

resistant material. Granted for the No. 7 Mine with conditions.

Docket No.: M-97-148-C.

FR Notice: 63 FR 5972.

Petitioner: Mountain Coal Company.

Regulation Affected: 30 CFR 75.1002.

Summary of Findings: Petitioner's proposal to amend the Decision

and Order Granting Petition for Modification No. M-95-183-C is granted.

The Assistant Secretary had granted a modification of 30 CFR 75.1002.

The petitioner requests that stipulation No. 4 be revised to remove the

reference to permissible equipment and to clarify that only the non-

permissible equipment being used for purposes of the petition be

inspected weekly since the petition is to allow the use of non-

permissible equipment for testing and diagnostics purposes within 150

feet of pillar workings considered acceptable alternative method.

Granted for the No. 7 Mine with conditions.

[[Page 33326]]

Docket No.: M-94-166-C.

FR Notice: 59 FR 67735.

Petitioner: Energy West Mining Company.

Regulation Affected: 30 CFR 75.350.

Summary of Findings: Petitioner request amendments of specific

terms and conditions addressing the use of an early warning fire

detection system two entry longwall mining systems ventilated with belt

air considered acceptable alternative method. Amended for the Trail

Mountain Mine with conditions.

Docket No.: M-98-002-M.

FR Notice: 63 FR 41599.

Petitioner: Chemical Lime Company.

Regulation Affected: 30 CFR 56.6306.

Summary of Findings: Petitioner's proposal to load explosives to

within one hole of the hole being drilled during the drilling cycle of

overburden removal considered acceptable alternative method. Granted

for the O'Neal Quarry Mine with conditions.

Docket No.: M-98-004-M.

FR Notice: 63 FR 45866.

Petitioner: Hecla Mining Company.

Regulation Affected: 30 CFR 49.8(b).

Summary of Findings: Petitioner's proposal to conduct 5 10 hour

training sessions annually with a minimum of 12 \1/2\ hours spent under

oxygen considered acceptable alternative method. Granted for the

Rosebud Mine with conditions.

Docket No.: M-95-017-M.

FR Notice: 61 FR 8307.

Petitioner: Swenson Granite Company, Inc.

Regulation Affected: 30 CFR 56.19003.

Summary of Findings: Petitioner's proposal to amend the Decision

and Order Granting Petition for Modification No. M-95-17-M is granted.

The Assistant Secretary had granted a modification of 30 C.F.R.

56.19003. The petitioner requests that stipulation No. 4 be revised to

be in agreement with revised condition No. 2. Granted for the Gray

Quarry Mine with conditions.

Docket No.: M-94-042-M.

FR Notice: 59 FR 55298.

Petitioner: Specialty Minerals, Inc.

Regulation Affected: 30 CFR 56.13020.

Summary of Findings: Petitioner's proposal to establish blow-off

stations at various locations in the plant where employees can clean

their cloths with forced or compassed air that has an OSHA approved

nozzle with pressure not greater than 2 to 6 psi at normal average line

pressure considered acceptable alternative method. Granted for the

Marble Canyon Mine with conditions.

[FR Doc. 99-15874 Filed 6-21-99; 8:45 am]

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