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 (Secretary) may allow the modification of

the application of a mandatory safety standard to a mine if the

Secretary determines either that an alternate method exists at a

specific mine that will guarantee no less protection for the miners

affected than that provided by 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, as

designee of the Secretary, has granted or partially granted the

requests for modification listed below. In some instances, the

decisions are conditioned upon compliance with stipulations stated in

the decision. The term ``FR Notice'' appears in the list of affirmative

decisions below. The term refers to the Federal Register volume and

page where MSHA published a notice of the filing of the petition for

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: August 27, 1999.

Carol J. Jones,

Acting Director, Office of Standards, Regulations and Variances.

Affirmative Decisions on Petitions for Modification

Docket No.: M-99-014-C.

FR Notice: 64 FR 16761.

Petitioner: The Ohio Valley Coal Company.

Regulation Affected: 30 CFR 75.804(a).

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

cable with an internal ground check conductor smaller than No. 10

(A.W.G.) as part of its longwall mining system. This is considered an

acceptable alternative method for the Powhatan No. 6 Mine. MSHA grants

the petition for modification for the Powhatan No. 6 Mine with

conditions.

Docket No.: M-98-021-C.

FR Notice: 63 FR 18232.

Petitioner: Peabody Coal Company.

Regulation Affected: 30 CFR 75.364(a)(1).

Summary of Findings: Petitioner's proposal is to have a certified

person conduct weekly examinations at established evaluation points

immediately inby and outby the affected area to determine methane and

oxygen concentrations and the volume of air, and record the results in

a book maintained on the surface of the mine. This is considered an

acceptable alternative method for the Camp No. 1 Mine. MSHA grants the

petition for modification for the Camp No. 1 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 is to use 4,300 volt

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

from pillar workings (longwall gob). This is considered an acceptable

alternative method for the Mettiki Mine. MSHA grants the petition for

modification for the Mettiki Mine with conditions.

Docket No.: M-98-055-C.

FR Notice: 63 FR 44291.

Petitioner: Twentymile Coal Company.

Regulation Affected: 30 CFR 75.1002-1(a).

Summary of Findings: Petitioner's proposal is to measure the

thickness of the deck plate and related components on its longwall face

conveyor using a hand-held, double insulated 7.5 volt non-permissible

ultrasonic thickness gauge during idle shifts when mining is not

occurring; to deenergize all electrical equipment, except lighting, on

the longwall face and follow all appropriate lockout and tagout

procedures prior to using the gauge; and to have a certified person

examine for methane in the immediate area of the longwall face conveyor

and record the results, as a special examination, in the onshift

examination books after the shift on which the examination is

performed. This is considered an acceptable alternative method for the

Foidel Creek Mine. MSHA grants the petition for modification for the

Foidel Creek Mine with conditions.

Docket No.: M-98-057-C.

FR Notice: 63 FR 44291.

Petitioner: Blue Mountain Energy, Inc.

Regulation Affected: 30 CFR 75.1002-1(a).

Summary of Findings: Petitioner's proposal is to allow the use of

non-permissible electronic testing or diagnostic equipment within 150

feet of pillar workings. This is considered an acceptable alternative

method for the Deserado Mine. MSHA grants the petition for modification

for the Deserado Mine with conditions.

Docket No.: M-98-066-C.

FR Notice: 63 FR 44292.

Petitioner: G and A Coal Company, Inc.

Regulation Affected: 30 CFR 75.350.

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

ventilate the working faces; to install carbon monoxide monitoring

devices to monitor the air at each belt drive and tailpiece and at

intervals not to exceed 2,000 feet along each conveyor belt entry; to

have an audible alarm that would sound at the surface master station

and that would give the location and type of alarm on a computer screen

located at the surface master station, and the alarm system would be

capable of giving a warning of a fire for a minimum of four (4) hours

after the power to the belt is removed, except when the power is

removed during a fan stoppage or the belt haulageway is examined. This

is considered an acceptable alternative method for the No. 1 Mine. MSHA

grants the petition for modification for the No. 1 Mine with

conditions.

Docket No.: M-98-067-C.

FR Notice: 63 FR 45865.

Petitioner: Mettiki Coal Corporation.

Regulation Affected: 30 CFR 75.500(b)

Summary of Findings: Petitioner's proposal is to allow non-

permissible hand-held, battery-powered drills and non-permissible

electronic testing and diagnostic equipment to be taken into or used

inby the last open crosscut. This is considered an acceptable

alternative method for the Mettiki Mine. MSHA grants the petition for

modification for the Mettiki Mine with conditions.

Docket No.: M-98-080-C.

FR Notice: 63 FR 50603.

Petitioner: Mettiki Coal Corporation.

Regulation Affected: 30 CFR 75.1002-1(a).

Summary of Findings: Petitioner's proposal is to use non-

permissible low

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horsepower testing and diagnostic equipment within 150 feet from pillar

workings. This is considered an acceptable alternative method for the

Mettiki Mine. MSHA grants the petition for modification for the Mettiki

Mine with conditions.

Docket No.: M-98-081-C.

FR Notice: 63 FR 58430.

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

Regulation Affected: 30 CFR 75.503.

Summary of Findings: Petitioner's proposal is to use permanently

installed spring-loaded locking devices on battery plugs on battery-

powered equipment instead of using padlocks. This is considered an

acceptable alternative method for the Gary No. 50 Mine. MSHA grants the

petition for modification for the Gary No. 50 Mine with conditions.

Docket No.: M-98-085-C.

FR Notice: 63 FR 58431.

Petitioner: Rustler Coal Company.

Regulation Affected: 30 CFR 75.340.

Summary of Findings: Petitioner's proposal is for an underground

battery charging station in the intake (gangway) entry. This is

considered an acceptable alternative method for the Orchard Slope Mine.

MSHA grants the petition for modification for the Orchard Slope Mine

with conditions.

Docket No.: M-98-087-C.

FR Notice: 63 FR 58070.

Petitioner: Headache Coal Company, Inc.

Regulation Affected: 30 CFR 75.380(f)(4).

Summary of Findings: Petitioner's proposal is to install two 10

pound portable chemical fire extinguishers in the operators deck or in

the scoop of each Mescher Tractor at the mine instead of a fire

suppression system. This is considered an acceptable alternative method

for the Roses Creek Mine. MSHA grants the petition for modification for

the Roses Creek Mine with conditions.

Docket No.: M-98-089-C.

FR Notice: 63 FR 64103.

Petitioner: Consolidation Coal Company.

Regulation Affected: 30 CFR 75.503.

Summary of Findings: Petitioner's proposal is to increase the

maximum length of their trailing cables to 1,000 feet for the mining

machine, loading machine, shuttle car, roof bolter, and the section

ventilation fan while developing longwall panels. This is considered an

acceptable alternative method for the Loveridge No. 22 Mine. MSHA

grants the petition for modification for the Loveridge No. 22 Mine with

conditions.

Docket No.: M-98-099-C.

FR Notice: 64 FR 2520.

Petitioner: M & M Anthracite Coal Company.

Regulation Affected: 30 CFR 75.1400.

Summary of Findings: Petitioner's proposal is to use a slope

conveyance (gunboat) in transporting persons using increased rope

strength/safety factor and secondary safety rope connection in place of

safety catches or other devices. This is considered an acceptable

alternative method for the L.V. No. 3 Vein Slope Mine. MSHA grants the

petition for modification for the L.V. No. 3 Vein Slope Mine with

conditions.

Docket No.: M-98-110-C.

FR Notice: 64 FR 2519.

Petitioner: Eastern Association Coal Corp.

Regulation Affected: 30 CFR 75.503.

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

ring and spring-loaded device instead of a padlock on the battery plug

connectors for mobile battery-powered machines to prevent the plug

connector from accidently disengaging while under load. This is

considered an acceptable alternative method for the Harris No. 1 Mine.

MSHA grants the petition for modification for the Harris No. 1 Mine

with conditions.

Docket No.: M-98-111-C.

FR Notice: 64 FR 2519.

Petitioner: The Ohio Valley Coal Company.

Regulation Affected: 30 CFR 75.1002.

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

and Order Granting Petition for Modification No. M-87-169-C to provide

for the use of a high voltage shearer in the Powhatan No. 6 Mine.

Petition No. M-87-169-C only addressed the use of a high voltage face

conveyor. MSHA has determined that this is an acceptable alternative

method for the Powhatan No. 6 Mine and grants the petition for

modification with conditions. In granting this petition for

modification with conditions, MSHA has modified the terms of the

previously granted petition to include the same protection to miners as

is provided in other recent modifications.

The petitioner represents that exceptional circumstances exist that

would result in significant economic loss if the petition were not

granted. MSHA has also determined that delaying the effective date

would unnecessarily disrupt mining and cause dislocation of the work

force. MSHA grants Petitioner's application for relief to give effect.

Docket No.: M-98-112-C.

FR Notice: 64 FR 2519.

Petitioner: G & S Coal Company.

Regulation Affected: 30 CFR 75.1100-2.

Summary of Findings: Petitioner's proposal is to use only portable

fire extinguishers to replace existing requirements where rock dust,

water cars, and other water storage are not practical. This is

considered an acceptable alternative method. MSHA grants the petition

for modification for the G & S Mine with conditions.

Docket No.: M-98-114-C.

FR Notice: 64 FR 2519.

Petitioner: Snyder Coal Company.

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

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

supplement mine maps annually instead of every 6 months, as required,

and to update maps daily by hand notations. This is considered an

acceptable alternative method for the N and L Slope Mine. MSHA grants

the petition for modification for the N and L Slope Mine with

conditions.

Docket No.: M-97-096-C.

FR Notice: 62 FR 51910.

Petitioner: Peabody Coal Company.

Regulation Affected: 30 CFR 75.364(b)(4).

Summary of Findings: Petitioner's proposal is to establish fixed

evaluation points in lieu of traveling certain portions of the air

course during weekly examination; and to have a certified person

examine these evaluation points for methane and oxygen concentrations

and the volume of air and record the results in a book maintained on

the surface of the mine. This is considered an acceptable alternative

method for the Camp No. 1 Mine. MSHA grants the petition for

modification for the Camp No. 1 Mine with conditions.

Docket No.: M-97-101-C.

FR Notice: 62 FR 51908.

Petitioner: McElroy Coal Company.

Regulation Affected: 30 CFR 75.312(c) and (d).

Summary of Findings: The Petitioner has filed two petitions:

Petition Docket No. M-97-101-C, seeking to modify Sec. 75.312(c); and

M-97-112-C, seeking to modify Sec. 75.312(d). Sections 75.312(c) and

75.312(d) require a fan shutdown to test the fan stoppage signal and

the air-reversal-prevention doors. MSHA has elected to dismiss Docket

No. M-97-112-C and combine petitioner's request in Docket No. M-97-101-

C. The Petitioner's proposes an alternate method of performing the

tests without shutting down the fan(s) and without removing the miners

from the mine. The alternative method proposes is considered acceptable

for the McElroy Mine. MSHA grants the petition for modification with

conditions.

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Docket No.: M-97-106-C.

FR Notice: 62 FR 51909.

Petitioner: Mark P. Shingara Coal Company.

Regulation Affected: 30 CFR 75.1200(d) and (i).

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

instead of contour lines through the intake slope, at locations of rock

tunnel connections between veins, and at 1,000-foot intervals of

advance from the intake slope and to limit the required mapping of the

mine workings above and below to those present within 100 feet of the

veins being mined except when veins are interconnected to other veins

beyond the 100-foot limit through rock tunnel. This is considered an

acceptable alternative method for the No. 4 Vein Slope Mine. MSHA

grants the petition for modification for the No. 4 Vein Slope Mine with

conditions.

Docket No.: M-97-107-C.

FR Notice: 62 FR 51909.

Petitioner: Mark P. Shingara Coal Company.

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

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

supplement mine maps annually instead of every 6 months, as required,

and to update maps daily by hand notations. This is considered an

acceptable alternative method for the No. 4 Vein Slope Mine. MSHA

grants the petition for modification for the No. 4 Vein Slope Mine with

conditions.

Docket No.: M-97-136-C.

FR Notice: 63 FR 2699.

Petitioner: Jim Walter Resources, Inc.

Regulation Affected: 30 CFR 75.1002.

Summary of Findings: The Petitioner is operating under a previously

granted modification, Docket No. M-93-209-C. Petitioner requests that

paragraph 13 of the previous petition be amended to allow damaged high

voltage cable to be repaired in the mine. MSHA considers this an

acceptable alternative method at the No. 3 Mine. MSHA grants the

petition with conditions, including the amendment of other provisions

of high voltage longwall petition Docket No. M-93-209-C.

[FR Doc. 99-22836 Filed 9-1-99; 8:45 am]

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