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 where required 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: October 18, 1999.

Carol J. Jones,

Acting Director, Office of Standards, Regulations and Variances.

Affirmative Decisions on Petitions for Modification

Docket No.: M-99-005-C.

FR Notice: 64 FR 12183.

Petitioner: Canyon Fuel Company, LLC.

Regulation Affected: 30 CFR 75.1101-8.

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

method of arranging its sprinkler system using a single overhead pipe

sprinkler system. This is considered an acceptable alternative method

for the Dugout Canyon Mine, with conditions. MSHA grants the petition

for modification for the Dugout Canyon Mine with conditions.

Docket No.: M-99-008-C.

FR Notice: 64 FR 16760.

Petitioner: Consol of Kentucky, Inc.

Regulation Affected: 30 CFR 75.1101-8.

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

method of arranging its sprinkler system using a single overhead pipe

sprinkler system. This is considered an acceptable

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alternative method for the Big Springs El Mine, with conditions. MSHA

grants the petition for modification for the Big Springs El Mine with

conditions.

Docket No.: M-99-009-C.

FR Notice: 64 FR 16760.

Petitioner: KenAmerican Resources, Inc.

Regulation Affected: 30 CFR 75.503.

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

loaded device with specific fastening characteristics instead of

padlocks to secure plugs and electrical type connectors to batteries

and to the permissible mobile powered equipment the batteries serve.

The spring-loaded device configuration in lieu of a padlock

configuration does not apply to the use of padlocks in controlling

accessibility in the lockout and tagout requirements of 30 CFR 75.511.

This limited application is considered an acceptable alternative method

for the Paradise No. 9 Mine, with conditions. MSHA grants the petition

for modification for the Paradise No. 9 Mine with conditions.

Docket No.: M-99-013-C.

FR Notice: 64 FR 16761.

Petitioner: Consolidation Coal Company.

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

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

(4,160 volt) cables to supply power to its longwall mining system inby

the last open crosscut. This is considered an acceptable alternative

method for the Rend Lake Mine, with conditions. MSHA grants the

petition for modification for the Rend Lake Mine with conditions.

Docket No.: M-99-016-C.

FR Notice: 64 FR 23873.

Petitioner: Consolidation 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 Rend Lake Mine, with conditions.

MSHA grants the petition for modification for the Rend Lake Mine with

conditions.

Docket No.: M-99-019-C.

FR Notice: 64 FR 23874.

Petitioner: K and B Coal, Inc.

Regulation Affected: 30 CFR 75.503.

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

installed spring-loaded locking devices on its mobile battery-powered

machines instead of a padlock to prevent unintentional loosening of

battery plugs from battery receptacles to eliminate the hazards

associated with difficult removal of padlocks during emergency

situations. The spring-loaded device configuration in lieu of a padlock

configuration does not apply to the use of padlocks in controlling

accessibility in the lockout and tagout requirements of 30 CFR 75.511.

This limited application is considered an acceptable alternative method

for the Mine No. 1, with conditions. MSHA grants the petition for

modification for the Mine No. 1 with conditions.

Docket No.: M-99-025-C.

FR Notice: 64 FR 25518.

Petitioner: Eighty-Four Mining Company.

Regulation Affected: 30 CFR 75.503.

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

maximum lengths of the trailing cables to 900 feet for the mining

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

ventilation fan. The petitioner also states that the trailing cable

would not be smaller than #4 A.W.G. for the section ventilation fan,

roof bolting machine, and shuttle cars, smaller than #2 A.W.G. for the

loading machine, or smaller than #2/0 A.W.G. for the continuous mining

machine. This proposal, as amended by MSHA recommendations, is

considered an acceptable alternative method for the Mine 84, with

conditions. MSHA grants the petition for modification for the Mine 84

with conditions.

Docket No.: M-98-019-C.

FR Notice: 63 FR 18232.

Petitioner: Energy West Mining Company.

Regulation Affected: 30 CFR 75.350.

Summary of Findings: The Petitioner is operating under a previously

granted modification, docket number M-94-166-C, granting the use of

belt air in a two entry mining system, as amended. Petitioner requests

that the term and condition I.(v) prohibiting the installation of

hydraulic fluid pumping stations in the two entry longwall panel be

changed. Petitioner had earlier petitioned to use non-Part 36 approved

diesel equipment. Petitioner's request regarding the installation of

hydraulic fluid pumping stations in the two entry longwall panel has

previously been granted. Now, the petition is amended to use non-Part

36 approved diesel equipment. This is considered an acceptable

alternative method for the Trail Mountain Mine, with conditions. MSHA

grants the petition for modification for the Trail Mountain Mine with

conditions.

Docket No.: M-98-020-C.

FR Notice: 63 FR 18232.

Petitioner: Energy West Mining Company.

Regulation Affected: 30 CFR 75.352.

Summary of Findings: The Petitioner is operating under a previously

granted modification, docket number M-94-167-C to use a belt conveyor

in a return aircourse during development of two entry mining systems at

the Trail Mountain Mine. Petitioner requests that the term and

condition I.(v) prohibiting the installation of hydraulic fluid pumping

stations in the two entry longwall panel be changed. Petitioner had

earlier petitioned to use non-Part 36 approved diesel equipment.

Petitioner's request regarding the installation of hydraulic fluid

pumping stations in the two entry longwall panel has previously been

granted. Now, the petition is amended to use non-Part 36 approved

diesel equipment. This is considered an acceptable alternative method

for the Trail Mountain Mine, with conditions. MSHA grants the petition

for modification for the Trail Mountain Mine with conditions.

Docket No.: M-98-069-C.

FR Notice: 63 FR 45865.

Petitioner: Arclar Company.

Regulation Affected: 30 CFR 75.503.

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

screw threaded through a steel bracket or a spring-loaded device

configuration instead of padlocks to lock battery plugs to machine-

mounted battery receptacles on permissible, mobile, battery-powered

machines. The allowance of a locking screw or spring-loaded

configuration in lieu of a padlock configuration does not apply to

padlocks in the lockout and tagout requirements of 30 CFR 75.511. This

limited application is considered an acceptable alternative method for

the Big Ridge Mine Portal No. 2, with conditions. MSHA grants the

petition for modification for the Big Ridge Mine Portal No. 2 with

conditions.

Docket No.: M-98-096-C.

FR Notice: 63 FR 64104.

Petitioner: Mettiki Coal Corporation.

Regulation Affected: 30 CFR 75.1100-2(e)(2).

Summary of Findings: Petitioner's proposal is to permit provision

of two portable fire extinguishers at each temporary electrical

installation. Petitioner also proposes to store at each temporary

electrical installation two multipurpose, dry chemical, portable fire

extinguishers, each having at least a minimum capacity of 10 pounds of

dry powder. This is considered an acceptable alternative method for the

Mettiki Mine, with conditions. MSHA grants the petition for

modification for the Mettiki Mine with conditions.

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Docket No.: M-98-104-C.

FR Notice: 64 FR 2521.

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

Regulation Affected: 30 CFR 75.1002.

Summary of Findings: Petitioner's proposal is to use 4,160 volt

cables to supply power to permissible longwall equipment. This is

considered an acceptable alternative method for the Gary No. 50 Mine,

with conditions. MSHA grants the petition for modification for the Gary

No. 50 Mine with conditions.

Docket No.: M-98-105-C.

FR Notice: 64 FR 2521.

Petitioner: Windsor Coal Company.

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

Summary of Findings: Petitioner's proposal is to establish

evaluation points to monitor the air and gas measurements in the

affected area; to maintain the evaluation points in safe conditions; to

have a certified person test for methane and the quality and quantity

of air at both evaluation points; and to have the person making the

examinations and test place their initials, date, and time at the

evaluation points and in a book on the surface made available for

interested persons. This is considered an acceptable alternative method

for the Windsor Mine, with conditions. MSHA grants the petition for

modification for the Windsor Mine with conditions.

Docket No.: M-98-113-C.

FR Notice: 64 FR 2519.

Petitioner: White County Coal Corporation.

Regulation Affected: 30 CFR 75.503.

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

loaded device with specific fastening characteristics in lieu of a

padlock with its fastening configuration to secure plugs and electrical

type connectors to batteries and to the permissible mobile powered

equipment the batteries serve. This is considered an acceptable

alternative method for the Pattiki Mine, with conditions. MSHA grants

the petition for modification for the Pattiki Mine with conditions.

Docket No.: M-97-147-C.

FR Notice: 63 FR 5971.

Petitioner: Jim Walter Resources, Inc.

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

Summary of Findings: Petitioner's proposal is to establish

evaluation points inby and outby the deteriorating return of the mine,

and to have a certified person examine the 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 No. 3 Mine, with

conditions. MSHA grants the petition for modification for the No. 3

Mine with conditions.

Docket No.: M-91-003-M.

FR Notice: 56 FR 23941.

Petitioner: Tg Soda Ash, Inc.

Regulation Affected: 30 CFR 57.22305.

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

nonpermissible battery-powered drill for drilling holes for surveying

spads in the panel face area inby the last open crosscut. This is

considered an acceptable alternative method for the Wyoming Soda Ash

Mine, with conditions. MSHA grants the petition for modification for

the Wyoming Soda Ash Mine with conditions.

Docket No.: M-86-020-M.

FR Notice: 52 FR 5217.

Petitioner: Kenneth Utah Copper Corporation.

Regulation Affected: 30 CFR 56.9300(d).

Summary of Findings: The Petitioner is operating under a previously

granted modification, 30 CFR 56.9022. Petitioner requested that a

pipeline would be located on the inside edge (e.g., driver's side) of

the impoundment roadway, when there is a drop off sufficient for

equipment to overturn, to serve as a guide for equipment operators.

Petition is amended to install delineators along the perimeter of those

areas of the elevated roadway where no pipeline was laid and there was

a drop-off sufficient for equipment to overturn. At least three

delineators along each elevated shoulder would always be visible to the

drivers of vehicles. This is considered an acceptable alternative

method for the UC Concentrator Plant, with conditions. MSHA grants the

petition for modification for the UC Concentrator Plant with

conditions.

[FR Doc. 99-27854 Filed 10-25-99; 8:45 am]

BILLING CODE 4510-43-P