[Federal Register Volume 61, Number 216 (Wednesday, November 6, 1996)]
[Notices]
[Pages 57458-57461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28463]
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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. Sidney Coal Company, Inc.
[Docket No. M-96-98-C]
Sidney Coal Company, Inc., 115 North Big Creek Road, P.O. Box 299,
Sidney, Kentucky 41564 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) for its Sidney Coal Company, No. 1
Preparation Plant (I.D. No. 15-09724) and their subsidiaries: The Black
Diamond Coal Company, Mine No. 1 (I.D. No. 15-17356); Clean Energy
Mining Company, Mine No. 1 (I.D. No. 15-10753); Freedom Energy Mining
Company, No. 1 Mine (I.D. No. 15-07082); Rockhouse Energy Mining
Company, Mine No. 1 (I.D. No. 15-17651); and Solid Energy Mining
Company, Mine No. 1 (I.D. No. 15-07475) all located in Pike County,
Kentucky. The petitioner proposes to use a diesel generator to move
equipment in and out of its underground mines. The petitioner asserts
that the proposed alternative method would provide at least the same
measure of protection as would the mandatory standard.
2. Dominion Coal Corporation
[Docket No. M-96-99-C]
Dominion Coal Corporation, P.O. Box 70, Vansant, Virginia 24656 has
filed a petition to modify the application of 30 CFR 75.360(a)(1)
(preshift examination) to its Dominion No. 7 Mine (I.D. No. 44-06499)
VA MI #13963AA, Dominion No. 8 Mine (I.D. No. 44-06555) VA MI #14024AA,
Dominion No. 16 Mine (I.D. No. 44-06643) VA MI #14160AA, Dominion No.
21 Mine (I.D. No. 44-06644) VA MI #14161AA, Dominion No. 22 Mine (I.D.
No. 44-06645) VA MI #14162AA, Dominion No. 30 Mine (I.D. No. 44-06748)
VA MI #14293AD, Dominion No. 35 Mine (I.D. No. 44-06793) VA MI
#14353AC, and its Dominion 36B Mine (I.D. No. 44-06759) VA MI #14314AA
all located in Buchanan County, Virginia. The petitioner proposes to
have a certified person designated by the operator make a preshift
examination within 3 hours preceding the beginning of any 8\1/2\ hour
interval during which any person is scheduled to work or travel
underground. The petitioner asserts that the proposed alternative
method would provide at least the same measure of protection as would
the mandatory standard.
3. Dominion Coal Corporation
[Docket No. M-96-100-C]
Dominion Coal Corporation, P.O. Box 70, Vansant, Virginia 24656 has
filed a petition to modify the application of 30 CFR 75.388 (boreholes
in advance of mining) to its Dominion No. 7 Mine (I.D. No. 44-06499) VA
MI #13963AA, Dominion No. 8 Mine (I.D. No. 44-06555) VA MI #14024AA,
Dominion No. 16 Mine (I.D. No. 44-06643) VA MI #14160AA, Dominion No.
21 Mine (I.D. No. 44-06644) VA MI #14161AA, Dominion No. 22 Mine (I.D.
No. 44-06645) VA MI #14162AA, Dominion No. 30 Mine (I.D. No. 44-06748)
VA MI #14293AD, Dominion No. 35 Mine (I.D. No. 44-06793) VA MI
#14353AC, and its Dominion 36B Mine (I.D. No. 44-06759) VA MI #14314AA,
all located in Buchanan County, Virginia. The petitioner proposes to
take cuts from a 50-foot barrier block of coal created by parallel
paneling without test drilling each individual cut taken. The
petitioner asserts that the proposed alternative method would provide
at least the same measure of protection as would the mandatory
standard.
4. Dominion Coal Corporation
[Docket No. M-96-101-C]
Dominion Coal Corporation, P.O. Box 90, Vansant, Virginia 24656 has
filed a petition to modify the application of 30 CFR 75.501-2(a)(2)
(permissible electric face equipment) to its Dominion No. 7 Mine (I.D.
No. 44-06499) VA MI #13963AA, Dominion No. 8 Mine (I.D. No. 44-06555)
VA MI #14024AA, Dominion No. 16 Mine (I.D. No. 44-06643) VA MI
#14160AA, Dominion No. 21 Mine (I.D. No. 44-06644) VA MI #14161AA,
Dominion No. 22 Mine (I.D. No. 44-06645) VA MI #14162AA, Dominion No.
30 Mine (I.D. No. 44-06748) VA MI #14293AD, Dominion No. 35 Mine (I.D.
No. 44-06793) VA MI #14353AC, and its Dominion 36B Mine (I.D. No. 44-
06759) VA MI #14314AA, all located in Buchanan County, Virginia. The
petitioner requests relief from the requirement that hand-held battery-
powered drills taken inby the last open crosscut or returns for use in
drilling holes in the mine roof for installing survey spads be
permissible. The petitioner states that application of the mandatory
safety standard would result in diminution of safety to the miners. In
addition, petitioner asserts that the proposed alternative method would
provide at least the same measure of protection as would the mandatory
standard.
5. CONSOL of Kentucky, Inc.
[Docket No. M-96-102-C]
CONSOL of Kentucky, Inc., has filed a petition to modify the
application of 30 CFR 75.1101-8 to its Mill Creek E-3 Mine (I.D. No.
15-17720) located in Letcher County, Kentucky. The petitioner proposes
to use a single overhead pipe system with \1/2\-inch orifice automatic
sprinklers located on 10-foot centers, to cover 50 feet of fire-
resistant belt or 150 feet of non-fire-resistant belt, with actuation
temperatures between 200 and 250 degrees Fahrenheit, and with water
pressure equal to or greater than 10 psi. The sprinklers would be
located to discharge water over the belt drive, belt take-up,
electrical control, and gear reducing unit. The petitioner asserts that
the proposed alternative method would provide at least the same measure
of protection as would the mandatory standard.
6. Left Fork Mining, Inc.
[Docket No. M-96-103-C]
Left Fork Mining, Inc., P.O. Box 405, Arjay, Kentucky 40902 has
filed a petition to modify the application of 30 CFR 75.1103-4
(automatic fire sensor and warning device systems installation; minimum
requirements) to its Straight Creek No. 1 Mine (I.D. No. 15-12564)
located in Bell County, Kentucky. The petitioner proposes to use one
carbon monoxide monitoring device to monitor a belt head and tail piece
when located adjacent to each other. The petitioner is presently using
the Pyott-Boone Model 950 Monitor and Control system instead of the
conventional heat type sensors. The petitioner states that the
monitoring device would be located at each belt and tail piece and at
intervals not to exceed 2,000 feet along each conveyor belt
[[Page 57459]]
entry. The petitioner asserts that the elimination of an additional
monitor would not diminish the safety of the miners. In addition, the
petitioner asserts that the proposed alternative method would provide
at least the same measure of protection as would the mandatory
standard.
7. Little Buck Coal Company
[Docket No. M-96-105-C]
Little Buck Coal Company, RR 4, Box 395, Pine Grove, Pennsylvania
17963 has filed a petition to modify the application of 30 CFR 75.1400
(hoisting equipment; general) to its No. 3 Slope (Buck Mountain Vein)
(I.D. No. 36-08568) located in Schuylkill County, Pennsylvania. The
petitioner requests a modification of the standard to permit the use of
the slope conveyance (gunboat) in transporting persons without
installing safety catches or other no less effective devices, but
instead use an increased rope strength/safety factor and secondary
safety rope connection in place of such devices. The petitioner asserts
that the proposed alternative method would provide at least the same
measure of protection as would the mandatory standard.
8. S & M Coal Company
[Docket No. M-96-106-C]
S & M Coal Company, 189 North Street, Lykens, Pennsylvania 17048
has filed a petition to modify the application of 30 CFR 75.1002-1
(location of other electrical equipment; requirements for
permissibility) to its Buck Mountain Slope (I.D. No. 36-02022) located
in Daupin County, Pennsylvania. The petitioner requests a modification
of the standard to permit use of nonpermissible electric equipment
within 150 feet of the pillar line due in part to the method of mining
used in pitching anthracite mines. As an alternative, the petitioner
proposes to evaluate the mine air quality for methane on an hourly
basis during operation and record one of the gas test results in the
on-shift examination record. The petitioner also proposes to suspend
equipment operation anytime the methane concentration at the equipment
reaches 0.5 percent or when found during a preshift examination. The
petitioner asserts that the proposed alternative method would provide
at least the same measure of protection as would the mandatory
standard.
9. Old Ben Coal Company
[Docket No. M-96-107-C]
Old Ben Coal Company, 50 Jerome Lane, Fairview Heights, Illinois
62208 has filed a petition to modify the application of 30 CFR 75.350
(air courses and belt haulage entries) to its Ziegler No. 11 Mine (I.D.
No. 11-02408) located in Randolph County, Illinois. The petitioner
proposes to use the split-tail system of face ventilation allowing the
belt to be blended with the air to the faces from the intake entries.
The petitioner proposes to install a low-level carbon monoxide
detection system as an early warning fire detection system in all belt
entries used as intake air courses. The petitioner asserts that the
proposed alternative method would provide at least the same measure of
protection as would the mandatory standard.
10. Maple Creek Mining, Inc.
[Docket No. M-96-108-C]
Maple Creek Mining, Inc., P.O. Box 517, 981 Route 917,
Bentleyville, Pennsylvania 15314 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 Maple Creek
Mine (I.D. No. 36-00970) located in Washington County, Pennsylvania.
The petitioner requests that Item 24 of the MSHA Proposed Decision and
Order for its previously granted Petition for Modification, Docket No.
M-95-029-C, be amended to read as follows: The maximum width of
longwall panels shall not exceed 1,000 feet and maximum length shall
not exceed 14,000 feet. The petitioner asserts that the proposed
alternative method would provide at least the same measure of
protection as would the mandatory standard.
11. The Ohio Valley Coal Company
[Docket No. M-96-109-C]
The Ohio Valley Coal Company, 56854 Pleasant Ridge Road, Alledonia,
Ohio 43902 has filed a petition to modify the application of 30 CFR
75.364 (weekly examinations) to its Powhatan No. 6 Mine (I.D. No. 33-
01159) located in Belmont County, Ohio. Due to deteriorating roof and
riblines in certain areas of the mine, the area cannot be traveled
safely. The petitioner proposes to establish evaluations stations to
monitor the affected area; to have a certified person to: (1) Test the
evaluation stations on a weekly basis to determine the volume of air,
and methane and oxygen concentrations; and (2) record on a date board
located at each checkpoint the initials of the examiner and the date
and time of the examination; and to maintain the air measurement
stations in a safe and travelable condition. The petitioner asserts
that the proposed alternative method would provide at least the same
measure of protection as would the mandatory standard.
12. Harlan Cumberland Coal Company
[Docket No. M-96-110-C]
Harlan Cumberland Coal Company, Grays Knob, Kentucky 40829 has
filed a petition to modify the application of 30 CFR 75.1711-2 (sealing
of slope or drift openings) to its D-1 Mine (I.D. No. 15-08415) located
in Harlan County, Kentucky. The petitioner proposes to use the water
that has filled the mine and that is flowing out of the fan entry at
approximately 50 gallons per minute in conjunction with barricades, as
an alternative to filling slope and drift openings with incombustible
material. The petitioner asserts that the proposed alternative method
would provide at least the same measure of protection as would the
mandatory standard.
13. CONSOL of Kentucky, Inc.
[Docket No. M-96-111-C]
CONSOL of Kentucky, Inc., Consol Plaza, 1800 Washington Road,
Pittsburgh, Pennsylvania 15241 has filed a petition to modify the
application of 30 CFR 75.1101-8 (water sprinkler systems; arrangement
of sprinklers) to its Loves Branch H-4 (I.D. No. 15-17814) located in
Letcher County, Kentucky. The petitioner proposes to use a single
overhead pipe system with \1/2\-inch orifice automatic sprinklers
located on 10-foot centers, to cover 50 feet of fire-resistant belt or
150 feet of nonfire- resistant belt, with actuation temperatures
between 200 and 230 degrees Fahrenheit, and with water pressure equal
to or greater than 10 psi. The sprinklers would be located to discharge
water over the belt drive, belt take-up, electrical control, and gear
reducing unit. The petitioner asserts that the proposed alternative
method would provide at least the same measure of protection as would
the mandatory standard.
14. K & M Coal Company, Inc.
[Docket No. M-96-112-C]
K & M Coal Company, Inc., H.C. 73, Box 194, Barbourville, Kentucky
40906 has filed a petition to modify the application of 30 CFR 75.342
(methane monitors) to its No. 18 Mine (I.D. No. 15-17823) located in
Knox County, Kentucky. The petitioner proposes to use hand-held
continuous-duty methane and oxygen indicators instead of machine
mounted methane monitors on permissible three-wheel tractors with drag
type buckets. The petitioner asserts that this petition for
modification is
[[Page 57460]]
based on the safety of the miners involved.
15. Jackstone Coal Company
[Docket No. M-96-113-C]
Jackstone Coal Company, 21 Wood Street, Pine Grove, Pennsylvania
17963 has filed a petition to modify the application of 30 CFR 75.335
(construction of seals) to its Buck Mountain Slope (I.D. No. 36-01889)
located in Schuylkill County, Pennsylvania. The petitioner requests a
modification of the standard to permit alternative methods of
construction using wooden materials of moderate size and weight due to
the difficulty in accessing previously driven headings and breasts
containing the 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. The petitioner asserts that the proposed
alternative method would provide at least the same measure of
protection as would the mandatory standard.
16. Jackstone Coal Company
[Docket No. M-96-114-C]
Jackstone Coal Company, 21 Wood Street, Pine Grove, Pennsylvania
17963 has filed a petition to modify the application of 30 CFR 75.360
(preshift examination) to its Buck Mountain Slope (I.D. No. 36-01889)
located in Schuylkill County, Pennsylvania. The petitioner proposes to
visually examine each seal for physical damage from the slope gunboat
during the preshift examination after an air quantity reading is taken
in by the intake portal and to test for the quantity and quality of air
at the intake air split locations off the slope in the gangway portion
of the working section. The petitioner proposes to physically examine
the entire length of the slope once a month. The petitioner asserts
that the proposed alternative method would provide at least the same
measure of protection as would the mandatory standard.
17. Jackstone Coal Company
[Docket No. M-96-115-C]
Jackstone Coal Company, 21 Wood Street, Pine Grove, Pennsylvania
17963 has filed a petition to modify the application of 30 CFR
75.364(b) (1), (4), and (5) (weekly examinations) to its Buck Mountain
Slope (I.D. No. 36-01889) located in Schuylkill County, Pennsylvania.
Due to hazardous conditions and roof falls, certain areas of the intake
haulage slope and primary escapeway cannot be traveled safely. The
petitioner proposes to examine these areas from the gunboat/slope car
with an alternative air quality evaluation at the section's intake
level, and to travel and throughly examine these areas for hazardous
conditions once a month. The petitioner asserts that the proposed
alternative method would provide at least the same measure of
protection as would the mandatory standard.
18. Jackstone Coal Company
[Docket No. M-96-116-C]
Jackstone Coal Company, 21 Wood Street, Pine Grove, Pennsylvania
17963 has filed a petition to modify the application of 30 CFR 75.1100-
2 (quantity and location of firefighting equipment) to its Buck
Mountain Slope (I.D. No. 36-01889) located in Schuylkill County,
Pennsylvania. The petitioner proposes to use only portable fire
extinguishers to replace existing requirements where rock dust, water
cars, and other water storage are not practical. The petitioner asserts
that the proposed alternative method would provide at least the same
measure of protection as would the mandatory standard.
19. Jackstone Coal Company
[Docket No. M-96-117-C]
Jackstone Coal Company, 21 Wood Street, Pine Grove, Pennsylvania
17963 has filed a petition to modify the application of 30 CFR 75.1200
(d) & (i) (mine map) to its Buck Mountain Slope (I.D. No. 36-01889)
located in Schuylkill County, Pennsylvania. The petitioner proposes to
use cross-sections instead of contour lines through the intake slope,
at locations of rock tunnel connections between veins, and at 1,000-
foot intervals of advance from the intake slope; and to limit the
required mapping of the mine workings above and below to those present
within 100 feet of the veins being mined except when veins are
interconnected to other veins beyond the 100-foot limit through rock
tunnels. The petitioner asserts that the proposed alternative method
would provide at least the same measure of protection as would the
mandatory standard.
20. Jackstone Coal Company
[Docket No. M-96-118-C]
Jackstone Coal Company, 21 Wood Street, Pine Grove, Pennsylvania
17963 has filed a petition to modify the application of 30 CFR 75.1202-
1(a) (temporary notations, revisions, and supplements) to its Buck
Mountain Slope (I.D. No. 36-01889) located in Schuylkill County,
Pennsylvania. The petitioner proposes to revise and supplement mine
maps annually instead of every 6 months, as required, and to update
maps daily by hand notations. The petitioner asserts that the proposed
alternative method would provide at least the same measure of
protection as would the mandatory standard.
21. Utah Fuel Company
[Docket No. M-96-119-C]
Utah Fuel Company, P.O. Box 719, Helper, Utah 84526 has filed a
petition to modify the application of 30 CFR 75.360(b)(9) (preshift
examination) to its Skyline Mine No. 1 (I.D. No. 42-01435), and its
Skyline Mine No. 3 (I.D. No. 42-01566) both located in Carbon County,
Utah. The petitioner proposes to continuously monitor electrical
installations for carbon monoxide or temperature rather than conduct
preshift examinations and to physically examine these installations for
other hazardous conditions at least weekly; and to have the miners
entering these areas certified and conduct an examination for
themselves or to have a certified person examine the areas prior to
other employees entering these areas. The petitioner asserts that the
proposed alternative method would provide at least the same measure of
protection as would the mandatory standard.
22. Red Baron, Inc.
[Docket No. M-96-120-C and M-96-121-C]
Red Baron, Inc., P.O. Box 728, Rosedale, Virginia 24280 has filed a
petition to modify the application of 30 CFR 75.1710-1 (canopies or
cabs; self-propelled electric face equipment; installation
requirements) to its Mine No. 3 (I.D. No. 44-06758) VA MI #14313AC, and
its Mine No. 1 (I.D. No. 44-06719) VA MI #14259AD, both located in
Buchanan County, Virginia. The petitioner proposes to operate self-
propelled electric face equipment without cabs or canopies in seam
heights of 48 inches or less. The petitioner states that application of
the standard would result in a diminution of safety to the equipment
operator.
23. Keystone Coal Mining Corporation
[Docket No. M-96-122-C]
Keystone Coal Mining Corporation, P.O. Box 729, Indiana,
Pennsylvania 15701 has filed a petition to modify the application of 30
CFR 75.364(b)(1) (weekly examinations) to its Urling No. 1 Mine (I.D.
No. 36-04852) located in Indiana County, Pennsylvania. Due to hazardous
conditions in the intake air course between the 002 air seals and the 2
right air seals, the area cannot be
[[Page 57461]]
traveled safely to make weekly examinations. The petitioner proposes to
establish two monitoring stations to evaluate the affected area; to
post a sign in an adjacent travel entry indicating the safe travel
route to each monitoring station; to have a certified person conduct
weekly examinations at each of the monitoring station to measure the
quantity and quality of air entering or exiting the monitoring station;
to post at each monitoring station, a diagram showing the normal
quantity and quality of methane, oxygen measurements, and the direction
of the air flow; to have the examiner record their initials, date and
time of examinations on a date board provided at the monitoring
stations; and to record the results of the tests in a weekly
examination book kept on the surface and made available to all
interested parties. The petitioner asserts that the proposed
alternative method would provide at least the same measure of
protection as would the mandatory standard.
24. Eagle Coal Company
[Docket No. M-96-123-C]
Eagle Coal Company, P.O. Box 399, Lovely, Kentucky 41231 has filed
a petition to modify the application of 30 CFR 75.388(3) to its Mine
No. 2 (I.D. No. 15-16724) located in Martin County, Kentucky. The
petitioner requests a variance to mine adjacent to old works leaving a
50-foot unmined barrier without boring test holes within 200 feet of
old works at all times. The petitioner states that Beech Fork
Processing, Inc. is in the process of permitting a boundary of coal
adjacent to the Eagle Coal Company's No. 2 Mine; that check survey
controls and conventional levels was maintained by Abbott Engineering,
Inc., at the Eagle No. 2 Mine and would be maintained at the proposed
new mine; and that underground surveys at the Eagle No. 2 Mine are tied
into permanent outside control stations and would be ran to the
proposed new mine face-up from these common control stations. Because
this is the same mining company and the same engineering company,
essentially using the same control surveys in the same seam of coal,
the petitioner requests that the mandatory standard be waived or
modified for the new mine. The petitioner asserts that the proposed
alternative method would provide at least the same measure of
protection as would the mandatory standard.
25. Akzo Salt, Inc.
[Docket No. M-96-02-M]
Azko Salt, Inc., P.O. Box 6920, Cleveland, Ohio 44101 has filed a
petition to modify the application of 30 CFR 57.19109 to its Cleveland
Mine (I.D. No. 33-01994) located in Cuyahoga County, Ohio. The
petitioner requests a modification of the standard to allow regular
inspections of the production lined-shaft prior to all maintenance
assignments instead of providing additional overhead protection,
regarding Citation No. 4546277 of January 29, 1996. The petitioner
asserts that the proposed alternative method would provide at least the
same measure of protection as would the mandatory standard.
26. Tintic Utah Metals LLC (formerly Chief Consolidated Mining
Company)
[Docket No. M-96-03-M]
Tintic Utah Metals LLC, P.O. Box 51, Eureka, Utah 84628 has filed a
petition to modify the application of 30 CFR 57.19054 to its Burgin
Mine (I.D. No. 42-00148) located in Utah County, Utah. The petitioner
requests a variance from the standard. The petitioner was issued
Citation No. 3908636 on June 17, 1996, which stated that the guide
ropes used on the Apex No. 2 Auxiliary Emergency hoist conveyance was
not of a lock coil construction. The petitioner requests modification
of the standard to allow the use of non-lock coil ropes on their
emergency hoist. The primary and sole purpose of the hoist is an
emergency hoist; it is used infrequently, and inspected and maintained
regularly. The petitioner states that the safety of the miners would
not be enhanced by installing lock coil construction rope guides. In
addition, the petitioner asserts that the proposed alternative method
would provide at least the same measure of protection as would the
mandatory standard.
Request for Comments
Persons interested in these petitions may furnish written comments.
These comments must be filed with the Office of Standards, Regulations,
and Variances, Mine Safety and Health Administration, Room 627, 4015
Wilson Boulevard, Arlington, Virginia 22203. All comments must be
postmarked or received in that office on or before December 6, 1996.
Copies of these petitions are available for inspection at that address.
Dated: October 29, 1996.
Patricia W. Silvey,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 96-28463 Filed 11-5-96; 8:45 am]
BILLING CODE 4510-43-P
