[Federal Register Volume 64, Number 206 (Tuesday, October 26, 1999)]
[Notices]
[Pages 57661-57664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27855]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration; Petitions for Modification


The following parties have filed petitions to modify the 
application of mandatory safety standards under section 101(c) of the 
Federal Mine Safety and Health Act of 1977.

1. Clark Elkhorn Coal Company

[Docket No. M-1999-084-c]

    Clark Elkhorn Coal Company, P.O. Box 2805, Pikeville, Kentucky 
41502 has filed a petition to modify the application of 30 CFR 75.503 
(permissible electric face equipment; maintenance) to its Ratliff 
Underground Mine (I.D. No. 15-16763) located in Pike County, Kentucky. 
The petitioner proposes to use a spring loaded locking device to secure 
battery plugs into the machine mounted battery receptacle on mobile 
battery powered equipment instead of using padlocks. The petitioner 
asserts that application of the mandatory standard will result in a 
diminution of safety to the miners. In addition, the petitioner asserts 
that the proposed alternative method will provide at least the same 
measure of protection as the mandatory standard.

2. Matrix Coal Company

[Docket No. M-1999-085-C]

    Matrix Coal Company, P.O. Box 2805, Pikeville, Kentucky 41502 has 
filed a petition to modify the application of 30 CFR 75.503 
(permissible electric face equipment; maintenance) to its Mohawk 
Underground Mine (I.D. No. 15-18085) located in Pike County, Kentucky. 
The petitioner proposes to use a spring loaded locking device to secure 
battery plugs into the machine mounted battery receptacle on mobile 
battery powered equipment instead of using padlocks. The petitioner 
asserts that application of the mandatory standard will result in a 
diminution of safety to the miners. In addition, the petitioner asserts 
that the proposed alternative method will provide at least the same 
measure of protection as the mandatory standard.

3. Remington Coal Company, Inc.

[Docket No. M-1999-086-C]

    Remington Coal Company, 430 Harper Park Drive, Suite A, Beckley, 
West Virginia 25801 has filed a petition to modify the application of 
30 CFR 75.503 (permissible electric face equipment; maintenance) to its 
Stockburg No. 1 Mine (I.D. No. 46-08634) located in Kanawha County, 
West Virginia. The petitioner proposes to use a spring loaded locking 
device to secure battery plugs into machine mounted receptacle on 
mobile battery powered equipment instead of using padlocks. The 
petitioner asserts that application of the mandatory standard will 
result in a diminution of safety to the miners.

4. Goodin Creek Contracting, Inc.

[Docket No. M-1999-087-C]

    Goodin Creek Contracting, Inc., Rt. 1, Box 419-A1, Gray, Kentucky 
40734 has

[[Page 57662]]

filed a petition to modify the application of 30 CFR 75.380(f)(4) 
(escapeways; bituminous and lignite mines) to its Goodin Creek Mine 
(I.D. No. 15-17980) located in Knox County, Kentucky. The petitioner 
proposes to install two ten pound portable chemical fire extinguishers 
in the operators' deck of each Mescher tractor. The fire extinguisher 
will be readily accessible to the operator. The petitioner proposes to 
instruct the equipment operator to inspect each fire extinguisher daily 
prior to entering the escapeway, maintain records of the inspections, 
and maintain a sufficient number of spare fire extinguishers at the 
mine in case a fire extinguisher becomes defective. The petitioner 
asserts that because of the low 24-inch heights of the coal being 
mined, available fire suppression systems will not fit on the equipment 
being used. The petitioner further asserts that application of the 
mandatory standard will result in a diminution of safety to the miners. 
In addition, the petitioner asserts that the proposed alternative 
method will provide at least the same measure of protection as the 
mandatory standard.

5. Canfield Energy, Inc.

[Docket No. M-1999-088-C]

    Canfield Energy, Inc., P.O. Box 1021, Barbourville, Kentucky 40906 
has filed a petition to modify the application of 30 CFR 
75.380(f)(4)(i) (escapeways; bituminous and lignite mines) to its # 5 
Mine (I.D. No. 15-18176) located in Knox County, Kentucky. The 
petitioner proposes to install two ten pound portable chemical fire 
extinguishers in the operators' deck of each Mescher tractor. The fire 
extinguisher will be readily accessible to the operator. The petitioner 
proposes to instruct the equipment operator to inspect each fire 
extinguisher daily prior to entering the escapeway, maintain records of 
the inspections, and maintain a sufficient number of spare fire 
extinguishers at the mine in case a fire extinguisher becomes 
defective. The petitioner asserts that the proposed alternative method 
will provide at least the same measure of protection as the mandatory 
standard.

6. Canfield Energy, Inc.

[Docket No. M-1999-089-C]

    Canfield Energy, Inc., P.O. Box 1021, Barbourville, Kentucky 40906 
has filed a petition to modify the application of 30 CFR 75.342 
(methane monitors) to its #5 Mine (I.D. No. 15-18176) located in Knox 
County, Kentucky. The petitioner proposes to use a hand-held 
continuous-duty methane and oxygen detector instead of machine-mounted 
methane monitors on three-wheel tractors. The petitioner asserts that 
the proposed alternative method will provide at least the same measure 
of protection as the mandatory standard.

7. Canterbury Coal Company

[Docket No. M-1999-090-C]

    Canterbury Coal Company, R.D. #1, Box 119A, Avonmore, Pennsylvania 
15618 has filed a petition to modify the application of 30 CFR 75.350 
(air courses and belt haulage entries) to its DiAnne Mine (I.D. No. 36-
05708) located in Armstrong County, Pennsylvania. The petitioner 
proposes to use belt air to ventilate a working section(s). The 
petitioner proposes to install a carbon monoxide monitoring system as a 
fire detection system in all belt entries where air coursed through the 
belt entry is used to ventilate active working places. The petitioner 
asserts that the proposed alternative method will provide at least the 
same measure of protection as the mandatory standard.

8. Mallie Coal Company

[Docket No. M-1999-091-C]

    Mallie Coal Company, Rt. 1, Box 173, Woodbine, Kentucky 40771 has 
filed a petition to modify the application of 30 CFR 75.342 (methane 
monitors) to its Mine No. 4 (I.D. No. 15-17603) located in Knox County, 
Kentucky. The petitioner proposes to use a hand-held continuous-duty 
methane and oxygen detector instead of machine-mounted methane monitors 
on three-wheel tractors. The petitioner asserts that application of the 
existing standard will diminish the safety of the miners and the 
proposed alternative method will provide at least the same measure of 
protection as the mandatory standard.

9. Marfork Coal Company, Inc.

[Docket No. M-1999-092-C]

    Marfork Coal Company, Inc., P.O. Box 457, Whitesville, West 
Virginia 25209 has filed a petition to modify the application of 30 CFR 
75.1002 (location of trolley wires, trolley feeder wires, high-voltage 
cables and transformers) to its Brushy Eagle Mine (I.D. No. 46-08315) 
located in Raleigh County, West Virginia. The petitioner proposes to 
use 4,160 volt longwall face equipment utilizing the specific terms and 
conditions listed in this petition for modification. The petitioner 
asserts that the proposed alternative method will provide at least the 
same measure of protection as the mandatory standard.

10. RAG Empire Corporation

[Docket No. M-1999-093-C]

    RAG Empire Corporation, One Oxford Centre, 301 Grant Street, 20th 
Floor, Pittsburgh, Pennsylvania 15219-1410 has filed a petition to 
modify the application of 30 CFR 75.507 (power connection points) to 
its Eagle No. 5 Mine (I.D. No. 05-01370) located in Moffat County, 
Colorado. The petitioner requests a modification of the mandatory 
standard to permit the use of a 480-volt non-permissible pump in 
boreholes in sealed areas of the Eagle No. 5 Mine. The petitioner 
asserts that the proposed alternative method will provide at least the 
same measure of protection as the mandatory standard.

11. RAG Empire Corporation

[Docket No. M-1999-094-C]

    RAG Empire Corporation, One Oxford Centre, 301 Grant Street, 20th 
Floor, Pittsburgh, Pennsylvania 15219-1410 has filed a petition to 
modify the application of 30 CFR 75.902 (low- and medium-voltage ground 
check monitor circuits) to its Eagle No. 5 Mine (I.D. No. 05-01370) 
located in Moffat County, Colorado. The petitioner requests a 
modification of the mandatory standard to permit the use of 480-volt 
non-permissible submersible pumps in boreholes into sealed areas at the 
1 North areas of the Eagle No. 5 Mine. The petitioner asserts that the 
proposed alternative method will provide at least the same measure of 
protection as the mandatory standard.

12. Wabash Mine Holding Company

[Docket No. M-1999-095-C]

    Wabash Mine Holding Company, One Oxford Centre, 301 Grant Street, 
20th Floor, Pittsburgh, Pennsylvania 15219-1410 has filed a petition to 
modify the application of 30 CFR 75.332(a)(2) (working sections and 
working places) to its Wabash Mine (I.D. No. 11-00877) located in 
Wabash County, Illinois. The petitioner requests a modification of the 
mandatory standard to permit the use of two continuous miners within 
the same split air. The petitioner proposes to have one continuous 
miner cleanup the working face previously mined, while the other 
continuous miner on the super section starts to cut and load coal from 
another working face on the same working section, on the same split of 
air. The petitioner asserts that the proposed alternative method will 
provide at least the same measure of protection as the mandatory 
standard.

[[Page 57663]]

13. Canyon Fuel Company, LLC

[Docket No. M-1999-096-C]

    Company Fuel Company, LLC, P.O. Box 1029, Wellington, Utah 84542 
has filed a petition to modify the application of 30 CFR 75.1002 
(location of trolley) to its Dugout Canyon Mine (I.D. No. 42-01890) 
located in Carbon County, Utah. The petitioner proposes to use a 
nominal voltage of longwall power circuits not to exceed 2,400 volts to 
supply power to permissible longwall mining equipment. The petitioner 
states that application of the mandatory standard will prevent a 
diminution of safety to the miners resulting from the application of 
the existing standard. In addition, the petitioner asserts that the 
proposed alternative method will provide at least the same measure of 
protection as the mandatory standard.

14. Drummond Company, Inc.

[Docket No. M-1999-097-C]

    Drummond Company, Inc., P.O. Box 10246, Birmingham, Alabama 35202-
0246 has filed a petition to modify the application of 30 CFR 
75.1909(b)(6) (nonpermissible diesel-powered equipment; design and 
performance requirements) to its Shoal Creek Mine (I.D. No. 01-02901) 
located in Jefferson County, Alabama. The petitioner requests a 
variance from the mandatory standard to permit the use of its diesel 
grader without individual service brakes on all grader wheels. The 
petitioner proposes to (i) equip the grader with service brakes on each 
drive wheel and stationary emergency brakes; (ii) limit the tramming 
speed of the grader to 10 miles per hour; and (iii) train grader 
operators to check the function of the brakes during pre-operational 
checks and if required, train the operators to lower the grader blade 
to the ground as an additional braking mechanism and while the machine 
is parked. The petitioner states that all grader operators will be 
trained during refresher training and on all provisions of its proposed 
alternative method. The petitioner asserts that the proposed 
alternative method will provide at least the same measure of protection 
as the mandatory standard.

15. Canyon Fuel Company, LLC

[Docket No. M-1999-098-C]

    Canyon Fuel Company, LLC, HC 35 Box 380, Helper, Utah 84526 has 
filed a petition to modify the application of 30 CFR 75.500 
(permissible electric equipment) to its Skyline Mine No. 3 (I.D. No. 
42-01566) located in Carbon County, Utah. The petitioner requests a 
modification of the mandatory standard to permit the use of a 
nonpermissible hand-held battery powered drill in areas inby the last 
open crosscut. The petitioner asserts that the proposed alternative 
method will provide at least the same measure of protection as the 
mandatory standard.

16. J & A Coal Corporation

[Docket No. M-1999-099-C]

    J & A Coal Corporation, P.O. Box 848, Prestonburg, Kentucky 41653 
has filed a petition to modify the application of 30 CFR 75.503 
(permissible electric face equipment; maintenance) to its No. 1 Mine 
(I.D. No. 15-15776) located in Knott County, Kentucky. The petitioner 
proposes to use a spring loaded locking device to secure battery plugs 
into machine mounted receptacle on mobile battery powered equipment 
instead of using padlocks. The petitioner states that application of 
the mandatory standard will result in a diminution of safety to the 
miners affected.

17. Bowie Resources Limited

[Docket No. M-1999-100-C]

    Bowie Resources Limited, P.O. Box 483, Paonia, Colorado 81428 has 
filed a petition to modify the application of 30 CFR 75.1909(b)(6) 
(nonpermissible diesel-powered equipment; design and performance 
requirements) to its Bowie No. 2 Mine (I.D. No.05-04591) located in 
Delta County, Colorado. The petitioner proposes to install brakes on 
the front wheels of six wheeled road graders in its Bowie No. 2 Mine. 
The petitioner asserts that the proposed alternative method will 
provide at least the same measure of protection as the mandatory 
standard.

18. RAG Emerald Resources Corporation

[Docket No. M-1999-101-C]

    RAG Emerald Resources Corporation, One Oxford Centre, 301 Grant 
Street, 20th Floor, Pittsburgh, Pennsylvania 15219-1410 has filed a 
petition to modify the application of 30 CFR 75.1002 (location of 
trolley wires, trolley feeder wires, high-voltage cables and 
transformers) to its Emerald Mine (I.D. No. 36-05466) located in Greene 
County, Pennsylvania. The petitioner requests that certain provisions 
be eliminated from its previously granted high-voltage longwall 
petition, docket number M-95-37-C. The petitioner proposes to use 4,160 
high-voltage longwall equipment. The petitioner asserts that the 
proposed alternative method will provide at least the same measure of 
protection as the mandatory standard.

19. Nehemiah Coal Company, Inc.

[Docket No. M-1999-102-C]

    Nehemiah Coal Company, Inc., 644 Callahan Avenue, P.O. Box 466, 
Appalachia, Virginia 24216 has filed a petition to modify the 
application of 30 CFR 75.1710 (canopies or cabs; diesel-powered and 
electric face equipment) to its Mine #1 (I.D. No. 44-06871) located in 
Wise County, Virginia. The petitioner proposes to operate face 
equipment without canopies. The petitioner asserts that using canopies 
in the low mining height present at the mine will result in a 
diminution of safety to the miners affected by the existing standard.

20. CONSOL of Kentucky, Inc.

[Docket No. M-1999-103-C]

    CONSOL of Kentucky, Inc., Consol Plaza, 1800 Washington Road, 
Pittsburgh, Pennsylvania 15241-1421 has filed a petition to modify the 
application of 30 CFR 75.901(a) (protection of low- and medium-voltage 
three-phase circuits used underground) to its Mousie H4 Mine (I.D. No. 
15-18166) located in Knott County, Kentucky. The petitioner proposes to 
obtain a low- and medium voltage, three-phase, alternating current for 
use underground from a portable diesel-driven generator and to connect 
the neutral of the generator's transformer secondary through a suitable 
resistor to the frame of the diesel generator. The petitioner states 
that the frame of the diesel generator will not have solid connection 
to a borehole casing, a metal waterline, or a grounding conductor with 
a low resistance to earth. The petitioner asserts that the proposed 
alternative method will provide at least the same measure of protection 
as the mandatory standard.

21. Wayne Processing, Inc.

[Docket No. M-1999-104-C]

    Wayne Processing, Inc., Rt. 3, Box 144, Philippi, West Virginia 
26416 has filed a petition to modify the application of 30 CFR 
75.380(d)(3) (Escapeways; bituminous and lignite mines) to its Sentinel 
Mine (I.D. No. 46-014168) located in Barbour County, West Virginia. The 
petitioner proposes to use a mechnical device to travel across the #2 
Miner Section belt undercast, where the escapeway height is less that 
that required by the standard. The undercast is used as a secondary 
escapeway. The petitioner proposes to post signs on both sides of the 
undercast indicating low clearance area. The petitioner states that the 
mechanical device will enable miners including disabled miners to 
escape quickly in an emergency, and allow a

[[Page 57664]]

worker to sit down or be provided with a stretcher and pulled across 
the undercast to either the inby or outby ends. The petitioner asserts 
that the proposed alternative method will provide at least the same 
measure of protection as the mandatory standard.

22. Alex Energy, Inc.

[Docket No. M-1999-105-C]

    Alex Energy, Inc., P.O. Box 857, Summersville, West Virginia 26651 
has filed a petition to modify the application of 30 CFR 75.1700 (oil 
and gas wells) to its Jerry Fork Eagle Mine (I.D. No. 46-08787) located 
in Nicholas County, West Virginia. The petitioner proposes to plug and 
mine through oil and gas wells and to notify the District Manager or 
designee prior to mining within 300 feet of the well. The petitioner 
asserts that the proposed alternative method will provide at least the 
same measure of protection as the mandatory standard.

Request for Comments

    Persons interested in these petitions are encouraged to submit 
comments via e-mail to ``[email protected],'' or on a computer disk 
along with an original hard copy to the Office of Standards, 
Regulations, and Variances, Mine Safety and Health Administration, 4015 
Wilson Boulevard, Room 627, Arlington, Virginia 22203. All comments 
must be postmarked or received in that office on or before November 26, 
1999. Copies of these petitions are available for inspection at that 
address.

    Dated: October 18, 1999.
Carol J. Jones,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 99-27855 Filed 10-25-99; 8:45 am]
BILLING CODE 4510-43-P