Federal Register: October 6, 2005 (Volume 70, Number 193)
DOCID: FR Doc 05-20081
DEPARTMENT OF LABOR
Mine Safety and Health Administration
NOTICE: NOTICES
ACTION: Safety standard petitions:
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
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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, comments and information submitted by interested persons, and a field investigation of the conditions at the mine. As designee of the Secretary, we have 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 we published a notice of the filing of the petition for modification.
SUMMARY:
Consolidated Coal Co. et al.,
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 2026939447.
Dated at Arlington, Virginia, this 30th day of September 2005. Rebecca J. Smith,
Acting Director, Office of Standards, Regulations, and Variances. Affirmative Decisions on Petitions for Modification
Docket No.: M2004045C.
FR Notice: 69 FR 64110.
Petitioner: Consolidation Coal Company.
Regulation Affected: 30 CFR 75.364(b).
Summary of Findings: Petitioner's proposal is to establish
checkpoint numbers BCK10, BCK11, BCK12, and BCK13 to measure
the quantity and quality of air in certain areas of the return
aircourse due to deteriorating roof conditions. The petitioner proposes
to maintain the checkpoints in a safe condition at all times; have a
certified person test for methane and the quantity and quality of air
at each checkpoint on a weekly basis; and place his/her initials and
date in a record book kept on the surface of the mine and on a date
board at the checkpoint sites. This is considered an acceptable
alternative method for the Blacksville No. 2 Mine. The petition for
modification is granted for the examination of approximately 1,200 feet
of unsafetotravel return aircourse, from the regulator inby the 1\1/
2\ East Seals over the overcasts of Wana Mains to Wana Air Shaft for the Blacksville No. 2 Mine with conditions.
Docket No.: M2004052C.
FR Notice: 69 FR 78047.
Petitioner: Cumberland Coal Resources, LP.
Regulation Affected: 30 CFR 75.364(b)(1).
Summary of Findings: Petitioner's proposal is to establish air
monitoring stations at a sump in an intake airway in lieu of traveling
the entry in its entirety because of a water collection sump that was
constructed in the intake aircourse and is approximately 15 to 20 feet
deep and 600 feet in length, known as the No. 7 Main Sump, located
between crosscuts 46 and 51 in the No. 5 entry of the East Mains. The
air course is isolated by stoppings and is subject to weekly
examinations under 30 CFR 75.364(b)(1), and the roof and ribs in the
sump area have been supported with supplemental support. The petitioner
proposes to establish evaluation points at the 47 and 51 crosscuts.
This is considered an acceptable alternative method for the Cumberland
Mine. The petition for modification is granted for evaluation of the
intake aircourse segment (approximately 600 feet) known as the No. 7 Main Sump Area for the Cumberland Mine with conditions.
Docket No.: M2005001C.
FR Notice: 70 FR 3566.
Petitioner: Consol Pennsylvania Coal Company.
Regulation Affected: 30 CFR 75.364(b)(2).
Summary of Findings: Petitioner's proposal is to establish
monitoring stations MS
Docket No.: M2005020C.
FR Notice: 70 FR 19506.
Petitioner: Chestnut Coal Company.
Regulation Affected: 75.311(b)(2).
Summary of Findings: Petitioner's proposal is that electrical
circuits entering the underground mine remain energized to the mine's
dewatering pumps while the mine ventilation fan is intentionally
stopped during idle shifts while no miners are underground. The
petitioner alleges that anthracite mines are small, employing five or
fewer miners, with very low production; that there is little or no
methane liberation; and that due to the steep pitch of the coal seam,
natural ventilation occurs through cracks and breaches to the surface,
which would dissipate any methane. The petitioner further alleges that
continuous operation of the main fan would result in a hazardous
condition during colder months due to water freezing in the intake
haulage slope, creating ice accumulations that must be manually
removed. By allowing the fan to be intentionally stopped, the natural
air current will be warmed and prevent freezing. The mine's pumping
system typically consists of a submersible pump located below the water
level in the intake haulage slope sump and a centrifugal pump located
in the intake haulage slope above the active gangway level. The pumps
are started and shut off by a set of electrode switches located in the
sump that detects the water level. This is considered an acceptable
alternative method for the No. 10 Slope Mine. The petition for
modification is granted to permit the 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 when no miners are underground for the No. 10 Slope Mine with conditions.
Docket No.: M2005021C.
FR Notice: 70 FR 19506.
Petitioner: Six M Coal Company.
Regulation Affected: 75.335(a)(1).
Summary of Findings: Petitioner's proposal is to construct seals
from wooden materials of moderate size and weight that would be
designed to withstand a static horizontal pressure in the range of 10
psi, and install a sampling tube only in the monkey (higher elevation)
seal. The petitioner asserts that because of the pitch of anthracite
veins, concrete blocks are difficult to use and expose miners to safety
hazards during transport. The petitioner cites the low level of
explosibility of anthracite coal dust and the minimal potential for
either an accumulation of methane in previously mined pitching veins or
an ignition source in the gob area as justification for the proposed
design criterion. This is considered an acceptable alternative method
for the No. 1 Slope Mine. The petition for modification is granted for seals installed in the No. 1 Slope Mine with conditions.
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Docket No.: M2005022C.
FR Notice: 70 FR 19506.
Petitioner: Consolidation Coal Company.
Regulation Affected: 30 CFR 75.503 [18.35 of Part 18].
Summary of Findings: Petitioner's proposal is to use trailing
cables with a maximum length 1,000 feet for supplying power to
permissible equipment used in the continuous mining section of the
Blacksville No. 2 Mine. This is considered an acceptable alternative
method for the Blacksville No. 2 Mine. The petition for modification is
granted for the trailing cables supplying threephase, 995volt power
to continuous mining machines and trailing cables supplying three
phase, 575volt power to loading machines, shuttle cars, roof bolters,
section ventilation fans, and degas drills for the Blacksville No. 2 Mine with conditions.
Docket No.: M2005029C.
FR Notice: 70 FR 22376.
Petitioner: Parkwood Resources, Inc.
Regulation Affected: 30 CFR 75.11002(e)(2).
Summary of Findings: Petitioner's proposal is to use two (2) fire
extinguishers or one fire extinguisher of twice the required capacity
at all temporary electrical installations in lieu of using one fire
extinguisher and 240 pounds of rock dust. This is considered an
acceptable alternative method for the Cherry Tree Mine. The petition
for modification is granted for temporary electrical installations,
provided the Petitioner maintains two portable fire extinguishers
having at least the minimum capacity specified for a portable fire
extinguisher in 30 CFR 75.11001(e) at each of the temporary electrical installations at the Cherry Tree Mine with conditions.
Docket No.: M2005036C.
FR Notice: 70 CFR 32379.
Petitioner: Hopkins County Coal, LLC.
Regulation Affected: 30 CFR 75.11011(b).
Summary of Findings: Petitioner's proposal is to use an alternative
method of compliance in lieu of providing blowoff dust covers for
delugetype water spray nozzles. The petitioner proposes to have a
certified person trained in specific testing procedures to the deluge
type water pray fire suppression systems at each belt drive conduct a
visual examination of each delugetype water spray firesuppression
system; conduct a functional test of the delugetype water spray fire
suppression systems to check for proper performance, and record the
results of the examination in a book that will be kept on the surface
and made available to the authorized representative of the Secretary.
This is considered an acceptable alternative method for the Elk Creek
Mine. The petition for modification is granted for the delugetype
water spray systems installed for nozzles in the Elk Creek Mine with conditions.
Docket No.: M2005037C.
FR Notice: 70 FR 32379.
Petitioner: Bridger Coal Company.
Regulation Affected: 30 CFR 75.11018.
Summary of Findings: Petitioner's proposal is to use a water
sprinkler system that will consist of a single overhead pipe system
with automatic sprinklers located no more than 10 feet apart so that
the water discharged from the sprinklers will cover 50 feet of fire
resistant belt, or 150 feet of nonfireresistant belt, adjacent to the
belt drive. The petitioner proposes to have the sprinkler located not
more than 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, and the sprinkler
system will use either pendant or upright type sprinkler heads. This is
considered an acceptable alternative method for the Bridger Underground
Mine. The petition for modification is granted for the Bridger Underground Mine with conditions.
Docket No.: M2005038C.
FR Notice: 70 FR 32379.
Petitioner: Alfred Brown Coal Company.
Regulation Affected: 30 CFR 75.11002(a)(2).
Summary of Findings: Petitioner's proposal is to use two (2)
portable fire extinguishers near the slope bottom and an additional
portable fire extinguisher within 500 feet of the working face for
equivalent fire protection at the 7 Ft. Slope Mine. This is considered
an acceptable alternative method for the 7 Ft. Slope Mine. The petition
for modification is granted for firefighting equipment in the working section for the 7 Ft. Slope Mine with conditions.
[FR Doc. 0520081 Filed 10505; 8:45 am]
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