Summary of Decisions Granting in Whole or in Part Petitions for Modification, 4884-4886 [05-1694]

Agencies

• DEPARTMENT OF LABOR
• Mine Safety and Health Administration

[Federal Register Volume 70, Number 19 (Monday, January 31, 2005)]
[Notices]
[Pages 4884-4886]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-1694]


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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, comments and information submitted by interested persons, 
and a field investigation of the conditions at the mine. MSHA, as 
designee of the

[[Page 4885]]

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 25th day of January 2005.
Rebecca J. Smith,
Deputy Director, Office of Standards, Regulations, and Variances.

Affirmative Decisions on Petitions for Modification

    Docket No.: M-2004-015-C.
    FR Notice: 69 FR 23540.
    Petitioner: Oxbow Mining, Inc.
    Regulation Affected: 30 CFR 75.1100-2(b).
    Summary of Findings: Petitioner's proposal is to use an alternative 
method for installing water lines for the entire length of the belt 
conveyors in lieu of keeping water line charged with water at all 
times. The Elk Creek Mine belt entry portal sits at approximately 6300 
feet elevation, and in winter weather conditions causes freezing in the 
existing water line in the conveyor entry. This is considered an 
acceptable alternative method for the Elk Creek Mine. MSHA grants the 
petition for modification for the North Mains belt conveyor from 
crosscut 11 outby for the Elk Creek Mine with conditions.

    Docket No.: M-2004-016-C.
    FR Notice: 69 FR 23540.
    Petitioner: Dolet Hills Lignite Company.
    Regulation Affected: 30 CFR 77.803.
    Summary of Findings: Petitioner's proposal is to use an alternative 
method of compliance when raising or lowering the boom and mast at 
construction sites during initial Dragline assembly. This method would 
only be used during the boom and mast raising or lowering process. The 
machine will not be performing mining operations when raising or 
lowering the boom for construction and maintenance. This is considered 
an acceptable alternative method for the Dolet Hills Lignite Mine. MSHA 
grants the petition for modification for dragline boom or mast raising, 
lowering, assembling, disassembling, or during major repairs which 
require raising or lowering the dragline boom or mast by the on-board 
generators for the Dolet Hills Lignite Mine with conditions.

    Docket No.: M-2004-019-C.
    FR Notice: 69 FR 27955.
    Petitioner: Oak Grove Resources, LLC.
    Regulation Affected: 30 CFR 75.507.
    Summary of Findings: Petitioner's proposal is to use high-voltage 
submersible pumps in boreholes in an area of the Oak Creek Mine where 
water has accumulated. The pumps will be equipped with probes to 
determine a high and low water level, and will consist of redundant 
electronic pressure transducers that are suitable for submersible pump 
control application. This is considered an acceptable alternative 
method for the Oak Grove Mine. MSHA grants the petition for 
modification for the use of three-phase, alternating current 
submersible pump(s) installed in return and bleeder entries and in 
sealed areas in the Oak Grove Mine with conditions.

    Docket No.: M-2004-020-C.
    FR Notice: 69 FR 30726.
    Petitioner: D & D Anthracite Coal Company.
    Regulation Affected: 30 CFR 75.335.
    Summary of Findings: Petitioner's proposal is to use wooden 
materials of moderate size and weight for constructing seals due to the 
difficulty in accessing previously driven headings and breasts 
containing inaccessible abandoned workings; to accept a design criteria 
in the 10 psi range; and to permit the water trap to be installed in 
the gangway seal and sampling tube in the monkey seal for seals 
installed in pairs. This is considered an acceptable alternative method 
for the Primrose Slope Mine. MSHA grants the petition for modification 
for seals installed in the Primrose Slope Mine with conditions.

    Docket No.: M-2004-024-C.
    FR Notice: 69 FR 35686.
    Petitioner: Consolidation Coal Company.
    Regulation Affected: 30 CFR 75.364(b)(2).
    Summary of Findings: Petitioner's proposal is to establish 
evaluation check points 1 and 2 to evaluate and confirm the proper 
ventilation between the Sugar Run Seals and the 3 North Bleeder Seals 
areas through the Main North headings, due to deteriorating rib and 
roof conditions which will expose personnel to hazardous conditions if 
the affected area is traveled in its entirety. This is considered an 
acceptable alternative method for the Loveridge No. 22 Mine. MSHA 
grants the petition for modification for the unsafe-to-travel segment 
(approximately 950 feet) of the Sugar Run Bottom area designated return 
entries used in ventilating between the Sugar Run Seals and the 3 North 
Bleeder Seals of the Loveridge No. 22 Mine with conditions.

    Docket No.: M-2004-025-C.
    FR Notice: 69 FR 43628.
    Petitioner: Consolidation Coal Company.
    Regulation Affected: 30 CFR 75.312(c) and (d).
    Summary of Findings: Petitioner's proposal is to test automatic 
closing doors and the automatic fan signal device at least every 31 
days without removing miners from the mine. The petitioner will install 
an alarm system on the fans. The alarm system will have a mechanical 
switch mounted to the fan housing and designed to activate a relay in 
the fan monitoring panel when the air reversal prevention door is in 
the closed position. The relay will activate a warning light near the 
door location, and an audible and visible alarm will be provided at a 
location where a responsible person is always on duty in the working 
sections and will have a two-way communication while miners are working 
underground. This is considered an acceptable alternative method for 
the Loveridge No. 22 Mine. MSHA grants the petition for modification 
for tests of (1) the automatic fan stoppage signal device and (2) the 
automatically closing airflow-reversal-prevention doors to be performed 
without shutting down the mine fan, and without removing the miners 
from the mine at the Loveridge No. 22 Mine with conditions.

    Docket No.: M-2004-027-C.
    FR Notice: 69 FR 43628.
    Petitioner: Snyder Coal Company.
    Regulation Affected: 30 CFR 49.2.
    Summary of Findings: Petitioner's proposal is to use two mine 
rescue teams of three members with one alternate to serve both teams in 
lieu of two mine rescue teams with five members and one alternate. The 
petitioner asserts that to use five or more rescue team members in the 
confined working places of the mine would result in a diminution of 
safety to the miners and the rescue team. This is considered an 
acceptable alternative method for the No. 1 Rock Slope Mine. MSHA 
grants the petition for modification for the No. 1 Rock Slope Mine with 
conditions.

    Docket No.: M-2004-031-C.
    FR Notice: 69 FR 43628.
    Petitioner: Eastern Associated Coal Corporation.

[[Page 4886]]

    Regulation Affected: 30 CFR 75.507.
    Summary of Findings: Petitioner's proposal is to use a 480-volt, 
three-phase alternating current electric power circuit for its non-
permissible deep well submersible pump installed in the Shriver Shaft. 
This petition was filed for existing safety standard 30 CFR 
75.364(b)(7). The applicable section of the regulation is 30 CFR 
75.507, because item 4 of the special terms and conditions in a 
previous petition for modification, docket number M-86-35-C, granted 
November 17, 1986, and made final December 20, 1986, states ``Air 
passing through the tunnel shall not be used to ventilate non-
permissible electric equipment or components.'' MSHA is requiring, for 
this 30 CFR 75.507 petition only, that the surface pump installations 
and control and power circuits(s) be examined under the 30 CFR 77.502 
requirements because the circuit(s) that enter into the underground 
areas of the mine cannot be examined in their entirety to satisfy the 
requirements of 30 CFR 75.512 or the 30 CFR 75.364(b)(7) week 
examination requirement. This is considered an acceptable alternative 
method for the Federal No. 2 Mine. MSHA grants the petition for 
modification for the Federal No. 2 Mine with conditions.

    Docket No.: M-2004-037-C.
    FR Notice: 69 FR 55841.
    Petitioner: Eastern Associated Coal Corporation.
    Regulation Affected: 30 CFR 75.503.
    Summary of Findings: Petitioner's proposal is to use trailing 
cables longer than the cable length specified in 30 CFR 18.35 for 
certain roof bolters, mobile roof supports, and shuttle cars. The 
cables for roof bolters will not exceed 900 feet, and 850 feet for 
shuttle cars. The cables for the 480-volt mobile roof supports will not 
be smaller than a No. 4 A.W.G., the trailing cables for roof bolters 
(e) will not be smaller than No. 2 A.W.G., and the cables for shuttle 
cars will not be smaller than No. 1/0. 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.

[FR Doc. 05-1694 Filed 1-28-05; 8:45 am]
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