99-27855. 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.  

  • [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 comments@msha.gov,'' 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
    
    
    

Document Information

Published:
10/26/1999
Department:
Labor Department
Entry Type:
Notice
Document Number:
99-27855
Pages:
57661-57664 (4 pages)
PDF File:
99-27855.pdf