Federal Register: November 29, 2004 (Volume 69, Number 228)
DOCID: FR Doc 04-26279
DEPARTMENT OF LABOR
Mine Safety and Health Administration
NOTICE: NOTICES
DOCUMENT 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.
SUBJECT CATEGORY:
Summary of Decisions Granting in Whole or in Part Petitions for Modification
DOCUMENT 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,
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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.
SUMMARY:
Petitions for safety standard modifications; summary of affirmative decisions,
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) 6939447.
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.: M2003015C.
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.: M2003062C.
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 batterypowered locomotives and associated nonpermissible
electric components located within 150 feet from pillar workings for the Whites Vein Slope Mine with conditions.
Docket No.: M2003077C.
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 mediumvoltage, threephase,
alternatingcurrent submersible pump(s) installed in return and bleeder
entries and sealed areas in the Robinson Run No. 95 Mine with conditions.
Docket No.: M2003086C.
FR Notice: 68 FR 67218.
Petitioner: Genwal Resources, Inc.
Regulation Affected: 30 CFR 75.11018.
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 nonfire 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 takeup 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.: M2003088C.
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 dewatering 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.: M2003090C.
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
Docket No.: M2003096C.
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 lowvoltage
power circuits serving the five Horsepower or greater, threephase
alternating current belt drive(s) and pump(s) located in the Mine 582 with conditions.
Docket No.: M2003097C.
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 lowvoltage power circuits serving five Horsepower
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or greater threephase alternating current belt drive(s) and pump(s) located in the Puncheon Branch Mine with conditions.
Docket No.: M2004018C.
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.: M2004021C.
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, 2,400volt continuous miner equipment from one mine to another mine within the Spartan Mining Company; and to provide training on highvoltage safety, testing, and maintenance procedures to all personnel who perform maintenance on the highvoltage continuous miner system, and who work in proximity to highvoltage equipment or move highvoltage 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.: M2004026C.
FR Notice: 69 FR 43628.
Petitioner: Ohio County Coal Company.
Regulation Affected: 30 CFR 75.11034(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.: M2004034C.
FR Notice: 69 FR 46186.
Petitioner: Warrior Coal, LLC.
Regulation Affected: 30 CFR 75.11034(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.: M2004036C.
FR Notice: 69 FR 51863.
Petitioner: Warrior Coal, LLC.
Regulation Affected: 30 CFR 75.11011(b).
Summary of Findings: Petitioner's proposal is to use the deluge
type water spray systems installed at beltconveyor drives in lieu of
blowoff dust covers for nozzles; and train a person on testing
procedures specific to the delugetype water spray fire suppression
system who will once every 7 days (1) conduct a visual examination of
each delugetype water spray fire suppression system, (2) conduct a
functional test of the delugetype 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 delugetype water spray systems installed at belt
conveyor drives in lieu of blowoff dust covers for nozzles at the Cardinal Mine with conditions.
Docket No.: M2004006M.
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. 0426279 Filed 112604; 8:45 am]
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