[Federal Register Volume 69, Number 228 (Monday, November 29, 2004)]
[Notices]
[Pages 69412-69414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26279]


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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 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 on the petitioner's 
statements,

[[Page 69413]]

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 CONTACT: Petitions and copies of the final 
decisions are available for examination by the public in the Office of 
Standards, Regulations, and Variances, MSHA, 1100 Wilson Boulevard, 
Room 2350, Arlington, Virginia 22209. For further information contact 
Barbara Barron at (202) 693-9447.

    Dated at Arlington, Virginia this 19th day of November 2004.
Marvin W. Nichols, Jr.,
Director, Office of Standards, Regulations, and Variances.

Affirmative Decisions on Petitions for Modification

    Docket No.: M-2003-015-C.
    FR Notice: 68 FR 15245.
    Petitioner: Mettiki Coal, LLC.
    Regulation Affected: 30 CFR 75.1325(c).
    Summary of Findings: Petitioner's proposal is to conduct blasting 
in certain locations on the longwall face of the Mettiki Mine without 
always requiring all miners to leave the face to go to an area that is 
around at least one corner from the blasting area. The blasting will be 
conducted at longwall faces at locations more than 200 feet inby the 
headgate. 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-2003-062-C.
    FR Notice: 68 FR 57932.
    Petitioner: Tito Coal.
    Regulation Affected: 30 CFR 75.1002(a).
    Summary of Findings: Petitioner's proposal is to use non-
permissible electric equipment such as drags and battery locomotives 
within 150 feet of the pillar line due in part to the method of mining 
used in anthracite mines and the alternative evaluation of the mine air 
quality for methane on an hourly basis during operation. This is 
considered an acceptable alternative method for the Whites Vein Slope 
Mine. MSHA grants the petition for modification for the use of non-
permissible battery-powered locomotives and associated non-permissible 
electric components located within 150 feet from pillar workings for 
the Whites Vein Slope Mine with conditions.
    Docket No.: M-2003-077-C.
    FR Notice: 68 FR 64129.
    Petitioner: Consolidation Coal Company.
    Regulation Affected: 30 CFR 75.507.
    Summary of Findings: Petitioner's proposal is to install non-
permissible submersible pumps in bleeder and return entries and sealed 
areas of the Robinson Run No. 95 Mine. This is considered an acceptable 
alternative method for the Robinson Run No. 95. Mine. MSHA grants the 
petition for the use of low- and medium-voltage, three-phase, 
alternating-current submersible pump(s) installed in return and bleeder 
entries and sealed areas in the Robinson Run No. 95 Mine with 
conditions.
    Docket No.: M-2003-086-C.
    FR Notice: 68 FR 67218.
    Petitioner: Genwal Resources, Inc.
    Regulation Affected: 30 CFR 75.1101-8.
    Summary of Findings: Petitioner's proposal is to use a water 
sprinkler system that consists of a single overhead pipe system with 
automatic sprinklers located not more that 10 feet apart so that the 
water discharged from the sprinklers will cover 50 feet of fire-
resistant belt or 150 feet of non-fire resistant belt adjacent to the 
belt drive. In addition, automatic sprinklers would be located not more 
that 10 feet apart so that the water discharged from the sprinkler(s) 
will cover the drive motor(s), belt take-up electrical controls, and 
gear reducing unit for each belt drive. This is considered an 
acceptable alternative method for the South Crandall Canyon Mine. MSHA 
grants the petition for modification for use of a single overhead pipe 
sprinkler system with conditions.
    Docket No.: M-2003-088-C.
    FR Notice: 68 FR 67218.
    Petitioner: D & D Coal Company.
    Regulation Affected: 30 CFR 75.311(b)(2) and (b)(3).
    Summary of Findings: Petitioner's proposal is to permit electrical 
circuits entering the underground mine to remain energized to the 
mine's de-watering pumps while the mine ventilation fan is 
intentionally stopped during idle shifts while no miners are 
underground in its Primrose Slope Anthracite mine. This is considered 
an acceptable alternative method for the Primrose Slope Mine. MSHA 
grants the petition for modification for the Primrose Slope Mine with 
conditions.
    Docket No.: M-2003-090-C.
    FR Notice: 68 FR 67218.
    Petitioner: Kingwood Mining Company, LLC.
    Regulation Affected: 30 CFR 75.503 (30 CFR 18.35).
    Summary of Findings: Petitioner's proposal is to use <greek-i>4 
A.W.G. and <greek-i>2 A.W.G. portable trailing cables up to a maximum 
length of 750 feet to supply 575-volt, three phase, alternating current 
to roof bolting machines and shuttle cars under specific terms and 
conditions. This is considered an acceptable alternative method for the 
Whitetail Kittanning Mine. MSHA grants the petition for modification 
for 750-foot trailing cables from the power center to roof bolting 
machines and shuttle cars during the continuous mining cycle 
development on larger center pillars for the Whitetail Kittanning Mine 
with conditions.
    Docket No.: M-2003-096-C.
    FR Notice: 69 FR 3947.
    Petitioner: Knott County Mining Company.
    Regulation Affected: 30 CFR 75.900.
    Summary of Findings: Petitioner's proposal is to use contactors for 
undervoltage protection in lieu of using the required circuit breakers 
under specific terms and conditions. This is considered an acceptable 
alternative method for the Mine 582. MSHA grants the petition for 
modification to allow the use of contactors to provide undervoltage and 
grounded phase and to monitor the grounding conductors for low-voltage 
power circuits serving the five Horsepower or greater, three-phase 
alternating current belt drive(s) and pump(s) located in the Mine 582 
with conditions.
    Docket No.: M-2003-097-C.
    FR Notice: 69 FR 3948.
    Petitioner: Knott County Mining Company.
    Regulation Affected: 30 CFR 75.900.
    Summary of Findings: Petitioner's proposal is to use contactors for 
undervoltage protection in lieu of using the required circuit breakers, 
and use an additional ground fault protection device for the affected 
circuits; to eliminated hazards caused by personnel rushing to the 
remote location to reset breakers; to make travelways safer and to 
eliminate the risks that miners will have to take out of a sense of 
urgency to resume production. This is considered an acceptable 
alternative method for the Puncheon Branch Mine. MSHA grants the 
petition for modification to allow the use of contactors to provide 
undervoltage, grounded phase, and monitor the grounding conductors for 
low-voltage power circuits serving five Horsepower

[[Page 69414]]

or greater three-phase alternating current belt drive(s) and pump(s) 
located in the Puncheon Branch Mine with conditions.
    Docket No.: M-2004-018-C.
    FR Notice: 69 FR 27955.
    Petitioner: Dakota Westmoreland Corporation.
    Regulation Affected: 30 CFR 77.1607(u).
    Summary of Findings: Petitioner's proposal is to use a portable 
hydraulic unit (power pact) to tow large trucks in lieu of using a tow 
bar and safety chain; provide training to operators and mechanics to 
perform the installations of the pack; and if anything fails, 
automatically set up haul truck brakes and stop all towing procedures. 
This is considered an acceptable alternative method for the Beulah 
Mine. MSHA grants the petition for modification for the Beulah Mine 
with conditions.
    Docket No.: M-2004-021-C.
    FR Notice: 69 FR 30726.
    Petitioner: Spartan Mining Company.
    Regulation Affected: 30 CFR 75.1002.
    Summary of Findings: Petitioner's proposal is to transfer high-
voltage, 2,400-volt continuous miner equipment from one mine to another 
mine within the Spartan Mining Company; and to provide training on 
high-voltage safety, testing, and maintenance procedures to all 
personnel who perform maintenance on the high-voltage continuous miner 
system, and who work in proximity to high-voltage equipment or move 
high-voltage equipment or cable(s), before the proposed alternative 
method is implemented. This is considered an acceptable alternative 
method for the Laurel Creek Coalburg mine. MSHA grants the petition for 
modification for the Laurel Creek Coalburg Mine with conditions.
    Docket No.: M-2004-026-C.
    FR Notice: 69 FR 43628.
    Petitioner: Ohio County Coal Company.
    Regulation Affected: 30 CFR 75.1103-4(a).
    Summary of Findings: Petitioner's proposal is to install a carbon 
monoxide monitoring system as an early warning fire detection system 
near the center and in the upper third of the belt entry in a location 
that would not expose personnel working on the system to unsafe 
situations under specific terms and conditions. This is considered an 
acceptable alternative method for the Big Run Underground Mine. MSHA 
grants the petition for modification for the use of a carbon monoxide 
monitoring system that identifies the location of sensors in lieu of 
identifying belt flights at the Big Run Underground Mine with 
conditions.
    Docket No.: M-2004-034-C.
    FR Notice: 69 FR 46186.
    Petitioner: Warrior Coal, LLC.
    Regulation Affected: 30 CFR 75.1103-4(a).
    Summary of Findings: Petitioner's proposal is to install a low-
level carbon monoxide detecting system as an early warning fire 
detection system in all belt entries where a monitoring system 
identifies a sensor location in lieu of identifying each belt flight. 
This is considered an acceptable alternative method for the Cardinal 
Mine. MSHA grants the petition for modification for the use of a carbon 
monoxide system that identifies the location of sensors in lieu of 
identifying belt flights for the Cardinal Mine with conditions.
    Docket No.: M-2004-036-C.
    FR Notice: 69 FR 51863.
    Petitioner: Warrior Coal, LLC.
    Regulation Affected: 30 CFR 75.1101-1(b).
    Summary of Findings: Petitioner's proposal is to use the deluge-
type water spray systems installed at belt-conveyor drives in lieu of 
blow-off dust covers for nozzles; and train a person on testing 
procedures specific to the deluge-type water spray fire suppression 
system who will once every 7 days (1) conduct a visual examination of 
each deluge-type water spray fire suppression system, (2) conduct a 
functional test of the deluge-type water spray fire suppression system 
by actuating the system and observing its performance, (3) record 
results of the examinations and test in a book maintained on the 
surface and made available to interested parties, and (4) immediately 
correct any malfunction or clogged nozzle that is detected during 
examination and test. This is considered an acceptable alternative 
method for the Cardinal Mine. MSHA grants the petition for modification 
for use of the deluge-type water spray systems installed at belt-
conveyor drives in lieu of blow-off dust covers for nozzles at the 
Cardinal Mine with conditions.
    Docket No.: M-2004-006-M.
    FR Notice: 69 FR 35686.
    Petitioner: Penn Big Bed Slate Company, Inc.
    Regulation Affected: 30 CFR 56.19012.
    Summary of Findings: Petitioner's proposal is to use oversized 
grooves on the crane drums. The drum grooves are \3/4\-inch and Penn 
Slate uses \5/8\-inch wire rope on all of their hoists. The \5/8\-inch 
wire ropes have been used on these drums for more than 70 years and the 
hoists have operated with no reported accidents or injuries. The hoists 
transport miners into the pit, and blocks of slate out of the pit. The 
average slate block weighs up to 7 tons. The petitioner alleges that 
the \5/8\-inch wire rope does not flatten or restrict the cable. Each 
year, 30 to 65 feet of wire rope is cut off the working end of the wire 
rope to ensure that it is safe for continued service. Only during the 
last year of service is the cable in the grooves used to operate the 
hoists. This is considered an acceptable alternative method for the 
Manhattan Quarry Penn Big Bed Mine. MSHA grants the petition for 
modification for the Manhattan Quarry Penn Big Bed Mine with 
conditions.

[FR Doc. 04-26279 Filed 11-26-04; 8:45 am]
BILLING CODE 4510-43-P