[Federal Register Volume 61, Number 61 (Thursday, March 28, 1996)]
[Notices]
[Pages 13881-13883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7497]
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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. Energy West Mining Company
[Docket No. M-96-01-C]
Energy West Mining Company, 15 North Main Street, P.O. Box 310,
Huntington, Utah 84528 has filed a petition to modify the application
of 30 CFR 75.326 (now 75.350) (air courses and belt haulage entries) to
its Deer Creek Mine (I.D. No. 42-00121) located in Emery County, Utah.
The petitioner requests amendments to MSHA's Proposed Decision and
Order (PDO) regarding its Petition for Modification, Case No. 86-MSA-3,
docket number M-85-127-C, proposal to modify application of the
existing standards to conduct longwall mining with two entries in
longwall panels under deep cover. The petitioner requests changes to
two requirements of the previous decision and order due to changes in
circumstances at its Deer Creek Mine. The petitioner requests that
paragraph III.(c)(4) be amended to strike the first two clauses of the
paragraph, so that the paragraph begins with the phrase ``All diesel
powered equipment operated on any two-entry longwall development or
two-entry longwall panel,'' and to replace the period at the end of the
paragraph with a comma and add at the end of the paragraph the phrase:
``with the exception of the following diesel-powered equipment approved
under 30 CFR part 32 (Schedule 24): ambulances used in emergency
situations, mantrips, and other vehicles used to transport personnel to
and from work areas.'' The petitioner asserts that this amendment would
provide a more reliable and safer means of transporting personnel to
and from work areas. In paragraph III.(o) of the PDO, the petitioner
requests that the word ``on'' be removed from the sentence ``Also,
during longwall retreat mining in the two-entry panel, a rock dusting
unit shall be installed on the last tailgate shield'', and substitute
in the words ``at or near.'' The petitioner asserts that this change
would permit the use of other rock dusting systems,
[[Page 13882]]
such a bulk dusters, installed in the tailgate return entries which
were not in use (or available) when the decision and order was issued.
In addition, the petitioner asserts that the granting of this petition
to amend would provide alternate means of ensuring the safety of the
miners based on developments in mining technology at the Deer Creek
Mine since the previous decision and order was issued.
2. Ohio County Coal Company, Inc.
[Docket No. M-96-02-C]
Ohio County Coal Company, Inc., 19050 Highway 1078 South,
Henderson, Kentucky 42420 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 Freedom Mine (I.D. No.
15-17587) located in Hopkins County, Kentucky. The petitioner proposes
to operate the Diesel Powered Generator without an earth referenced
ground. The petitioner states that attaching a grounding conductor to
the earth reference ground system reduces the mobility and
effectiveness of the unit. The petitioner has listed specific
stipulations in its petition to support its alternative method for
operating the generator. In addition, the petitioner asserts that the
proposed alternative method would provide at least the same measure of
protection as would the mandatory standard.
3. D.R. Price Engineering and Land Surveying, Inc., PC
[Docket No. M-96-03-C]
D. R. Price Engineering and Land Surveying, Inc., PC, an MSHA
Contractor (I.D. No. NAW), P.O. Box 270, Swords Creek, Virginia 24649
has filed a petition to modify the application of 30 CFR 75.501-2(a)(2)
(permissible electric face equipment) for Dominion Coal Corporation,
P.O. Box 70, Vansant, Virginia 24656 for its Dominion No. 7 Mine (I.D.
No. 44-06499) VA MI No. 13963AA; its Dominion No. 8 Mine (I.D. No. 44-
06555) VA MI No. 14024AA; its Dominion No. 16 Mine (I.D. No. 44-06643)
VA MI No. 14160AA; its Dominion No. 18 Mine (I.D. No. 44-06577) VA MI
No. 14045AA; its Dominion No. 21 Mine (I.D. No. 44-06644) VA MI No.
14161AA; and its Dominion No. 22 Mine (I.D. No. 44-06645) VA MI
14162AA; the Chad Coal Corporation, P.O. Box 890, Oakwood, Virginia
24631 for its Mine No. 4 (I.D. No. 44-06592) VA MI No. 14061AB; and its
Mine No. 6 (I.D. No 44-06709) VA MI No. 14247AC all located in Buchanan
County, Virginia; the Mackie J. Coal Company, Inc., Rt. 2, Box 530,
Grundy, Virginia 24614 for its Mine No. 4 (I.D. No. 44-06051) VA MI No.
12681AD; the Classic Coal Corporation, P.O. Box 1025, Grundy, Virginia
for its Mine No. 1 (I.D. No. 44-06195) VA MI No. 13256AB; the Blake
Coal Company, Rt. 1, Box 566, Swords Creek, Virginia 24649 for its Mine
No. 2 (I.D. No. 44-06486) VA MI No. 04940AB; and its Mine No. 3 (I.D.
No. 44-06748) VA MI 14293AC; the Red Baron, Inc., P.O. Box 295, Swords
Creek, Virginia 24649 for its Mine No. 1 (I.D. No. 44-06719) VA MI No.
14259AD; and its Mine No. 2 (I.D. No. 44-06779) VA MI No. 14301AC; the
Nufac Mining, Inc., for its Mine No. 2 (I.D. No. 44-06758) VA MI No.
14313AB; the East Star Mining, Inc., P.O. Box 189, Swords Creek,
Virginia 24649 for its Mine No. 2 (I.D. No. 44-06613) VA MI No.
14100AB; the Rat Contractors, Inc., P.O. Box 768, Grundy, Virginia
24614 for its Mine No. 2 (I.D. No. 44-06793) VA MI No. 14353AB; the
Lick Branch Mining, Inc., Rt. 2, Box 50, Oakwood, Virginia 24631 for
its Mine No. 4 (I.D. No. 44-06702) VA MI No. 14236AB all located in
Buchanan County, Virginia; the C. J. & L Mining, Inc., 315 Railroad
Avenue, Box 388, Richlands, Virginia 24641 for its Mine No. 1 (I.D. No.
44-08445); its Mine No. 2 (I.D. No. 44-08518); and its Mine No. 3 (I.D.
No. 44-08444) located in McDowell County, West Virginia; the Sea B
Mining, Inc., P.O. Box 26, Jewell Ridge, Virginia 24622 for its
Seaboard Mine No. 2 (I.D. No. 44-03479) VA MI No. 07168AA; the C & O
Mining Company, Inc., P.O. Box 249, Richlands, Virginia 24641 for its
Mine No. 1 (I.D. No. 44-06606) VA MI No. 14110AC: the Donna Jean
Mining, 126 West Main Street, Tazewell, Virginia 24651 for its Mine No.
1 (I.D. No. 44-06649) VA MI 14176AD; the Westfork No. 3, P.O. Box 309,
Cedar Bluff, Virginia 24609 for its Mine No. 3 (I.D. No. 44-06708) VA
MI No. 14092AF; the Canada Coal, P.O. Box 1697, Richlands, Virginia
24641 for its Mine No. 1 (I.D. No. 44-06713) VA MI No. 14251AB; and the
Middle Creek Energy, P.O. Box 1174, Cedar Bluff, Virginia 24609 for its
Mine No. 1 (I.D. No. 44-05772) VA MI No. 12308AA located in Tazewell
County, Virginia. The petitioner proposes to use a low-voltage (14.4 V
DC maximum), low-amperage (5.65 amps maximum), and low-wattage (81.36
watts maximum) hand-held battery powered drill inby the last open
crosscut for drilling holes in the mine roof to install survey spads,
instead of using a permissible hand-held battery powered drill. The
petitioner states that permissible hand-held battery powered drills are
not commercially available and that application of the standard would
result in a diminution of safety to the miners.
4. Copperas Coal Corporation
[Docket No. M-96-04-C]
Copperas Coal Corporation, P.O. Box 679, Texas, West Virginia 25569
has filed a petition to modify the application of 30 CFR 75.503
(18.41)(f) (permissible electric face equipment; maintenance) to its
Jacks Branch Mine (I.D. No. 46-08513) located in Boone County, West
Virginia. The petitioner proposes to replace a padlock on battery plug
connectors on mobile battery-powered machines used inby the last open
cross-cut with a threaded ring and a spring loaded device to prevent
the plug connector from accidently disengaging while under load. The
petitioner states that application of the standard would result in a
diminution of safety to the miners. The petitioner asserts that the
proposed alternative method would provide at least the same measure of
protection as would the mandatory standard.
5. Buck Creek Coal Company
[Docket No. M-96-05-C]
Buck Creek Coal Company, R.R. 5, Box 203, Sullivan, Indiana 47882
has filed a petition to modify the application of 30 CFR 75.364(b)(4)
(weekly examination) to its Buck Creek Mine (I.D. No. 12-02033) located
in Sullivan County, Indiana. Due to deteriorating roof conditions in
the intersection outby the approach to the #4 Seal in the northwest Sub
Main off the Main North, the area cannot be examined because access to
the #4 Seal is blocked. The petitioner proposes to establish a
monitoring point to continuously monitor the air quality outby (return
side) of the seal; and to examine the monitoring point weekly for air
quality and direction. The petitioner states that application of the
standard would result in a diminution of safety to the miners.
6. Amax Coal Company
[Docket No. M-96-06-C]
Amax Coal Company has filed a petition to modify the application of
30 CFR 75.364(b)(2) (weekly examination) to its Wabash Mine (I.D. No.
11-00877) located in Wabash County, Illinois. Due to deteriorating roof
conditions in certain parts of the 5 West area of the mine and certain
areas of the return air course, traveling these areas in its entirety
would be unsafe. The petitioner proposes to establish evaluation points
at crosscuts No. 24-25 to measure for methane and the quantity of air,
and at
[[Page 13883]]
crosscuts No. 11-12 to measure the quantity of air; to have a certified
person evaluate the air course at each evaluation point once each day
where coal production occurs and place their initial, date, and time at
each evaluation point and record the results of the examination in a
record book kept on the surface and made available for inspection by
interested persons. The petitioner states that application of the
standard would result in a diminution of safety to 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. Consolidation Coal Company
[Docket No. M-96-07-C]
Consolidation Coal Company, Consol Plaza, 1800 Washington Road,
Pittsburgh, Pennsylvania 15241-1421 has filed a petition to modify the
application of 30 CFR 75.364(b)(4) (weekly examination) to its
Shoemaker Mine (I.D. No. 46-01436) located in Marshall County, West
Virginia. Due to deteriorating roof conditions in the No. 3 Seal in 1
North of the air course, the area would be unsafe to travel in its
entirety. The petitioner proposes to establish a checkpoint and make a
weekly examination where an extended probe would be used to examine the
No. 3 Seal for methane and a smoke tube would be used to verify the
direction of air flow; to have the person making the examination and
tests record their initials, date and time in a record book which would
be kept on the surface and made available for inspection by interested
parties; and to maintain the checkpoint and all approaches to the
checkpoint in safe condition at all times. The petitioner asserts that
the proposed alternative method would provide at least the same measure
of protection as would the mandatory standard.
8. Pehem Industries, Inc.
[Docket No. M-96-08-C]
Pehem Industries, Inc., Route 2, Box 294-C, Delbarton, West
Virginia 25670 has filed a petition to modify the application of 30 CFR
75.388(a)(3) (boreholes in advance of mining) to its Pehem No. 1 Mine
(I.D. No. 46-08530) located in Nicholas County, West Virginia. The
petitioner proposes to mine within 50 feet of the highwall mining holes
without drilling boreholes. The petitioner states that this mine would
be driven into the Winifrede Seam from a location adjacent to the High
Power Energy highwall miner workings; and that the purpose for this
request for modification is to avoid the dangers presented by abandoned
mine openings and adjacent mines known or suspected of dangerous
quantities of water or noxious or explosive gases. The petitioner
asserts that the proposed alternative method would provide at least the
same measure of protection as would the mandatory standard.
9. Peabody Coal Company
[Docket No. M-96-09-C]
Peabody Coal Company, 1951 Barrett Court, P.O. Box 1990, Henderson,
Kentucky 42420-1990 has filed a petition to modify the application of
30 CFR 75.1100-2(b) (quantity and location of firefighting equipment)
to its Camp No. 11 Mine (I.D. No. 15-08357) located in Union County,
Kentucky. The petitioner proposes to install firehouse outlets with
valves in the longwall gate entries every fourth cross-cut at intervals
of approximately 440 feet instead of at intervals of 300 feet. The
petitioner asserts that the proposed alternative method would provide
at least the same measure of protection as would the mandatory
standard.
10. Monterey Coal Company
[Docket No. M-96-10-C]
Monterey Coal Company, R. Rt. 4, Box 235, Carlinville, Illinois
62626 has filed a petition to modify the application of 30 CFR 75.1100-
2(i)(1) (quantity and location of firefighting equipment) to its No. 1
Mine (I.D. No. 11-00726) located in Macoupin County, Illinois. The
petitioner proposes to use the following emergency materials instead of
emergency materials required by the mandatory safety standard: 112
Kennedy Metal Shopping Panels with associated head sills and twist
clamps; 24 Kennedy Stopping Rib Angles; 3 rolls of tape; 3 twist tools;
2 rolls of brattice cloth; 3 stopping jacks; 3 picks; 3 shovels; 9
buckets of Celtite 10-12 (or equivalent material for stopping; and 5
tons of rock dust. The petitioner asserts that the proposed alternative
method would provide at least the same measure of protection as would
the mandatory standard.
11. Peabody Coal Company
[Docket No. M-96-11-C]
Peabody Coal Company, R.R. 2, Box 56B2, Carlisle, Indiana 47838 has
filed a petition to modify the application of 30 CFR 77.1304(a)
(blasting agents; special provisions) to its Hawthorn Mine (I.D. No.
12-00326) located in Greene County, Indiana. The petitioner proposes to
used waste petroleum-based lubrication oil recycled from equipment at
its mine, blended with diesel fuel oil to create an ANFO blasting
agent. The petitioner has outlined in this petition for modification
specific procedures for implementing its alternative method of creating
the ANFO blasting agent. The petitioner states that Material Safety
Data Sheets for the used oil and diesel fuel oil would be maintained on
its mine property and made available to the Mine Safety and Health
Administration (MSHA) upon request; that records would be maintained
for a period of three years and made available to MSHA and the miners'
representative when requested; that within 60 days after this petition
becomes final, proposed revisions to its training plan would be
submitted to the District Manager which would include initial and
refresher training and emergency procedures for compliance with the
conditions stated in this petition; and that this modification follows
MSHA's guidelines for combining used oil and ANFO with a few
variations.
12. Torie Mining, Inc.
[Docket No. M-96-12-C]
Torie Mining, Inc., P.O. Box 490, Virgie, Kentucky 41572 has filed
a petition to modify the application of 30 CFR 75.342 to its Torie No.
1 Mine (I.D. No. 15-17163) located in Pike County, Kentucky. The
petitioner proposes to use a hand-held continuous-duty methane detector
on its permissible DC-powered S&S Model 482 scoop machines. The
petitioner states that each operator working underground would be
certified in the proper use of the hand-held detector. The petitioner
asserts that the proposed alternative method would not diminish the
level of safety provided by 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 April 29, 1996.
Copies of these petitions are available for inspection at that address.
Dated: March 21, 1996.
Patricia W. Silvey,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 96-7497 Filed 3-27-96; 8:45 am]
BILLING CODE 4510-43-P
