97-11342. Petitions for Modification  

  • [Federal Register Volume 62, Number 84 (Thursday, May 1, 1997)]
    [Notices]
    [Pages 23797-23800]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-11342]
    
    
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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. Wilderness Mining Company, Inc.
    
    [Docket No. M-97-17-C]
    
        Wilderness Mining Company, P.O. Box 459, Lyburn, West Virginia 
    25632 has filed a petition to modify the application of 30 CFR 
    75.362(d)(2) (on-shift examination) to its Alloy No. 1 Mine (I.D. No. 
    46-08007) located in Fayette County, West Virginia. The petitioner 
    requests a modification of the standard to allow the use of a methane 
    detector with a visible digital readout attached with a magnet to the 
    side of the miner ripper head while it is trammed to the face, to 
    conduct a methane test in intervals not to exceed 20 minutes during the 
    mining of each extended cut; to take a methane test at the completion 
    of mining each extended cut to preclude the roof bolter operator from 
    having to take a test prior to entering the area; to conduct a methane 
    test using a 20 foot extendable probe, from the second row of bolts 
    inby prior to any electrical equipment being operated in this working 
    place; to have a methane monitor with a digital readout located on 
    every roof bolting machine with the sensor head on the ATRS unit and 
    set to deenergize when the methane reading is 1.0 percent or more; and 
    to conduct a test for methane on the return side of all face line 
    curtains at the second row of bolts in areas where the faces are not 
    bolted when on-shift examinations are made. The petitioner states that 
    application of the mandatory 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.
    
    2. Meadow River Coal Company, Inc.
    
    [Docket No. M-97-18-C]
    
        Meadow River Coal Company, Inc., P.O. Box 459, Lyburn, West 
    Virginia 25632 has filed a petition to modify the application of 30 CFR 
    75.362(d)(2) (on-shift examination) to its Meadow River No. 1 Mine 
    (I.D. No. 46-03467) located in Fayette County, West Virginia. The 
    petitioner requests a modification of the standard to allow the use of 
    a methane detector with a visible digital readout attached with a 
    magnet to the side of the miner ripper head while it is trammed to the 
    face, to conduct a methane test in intervals not to exceed 20 minutes 
    during the mining of each extended cut; to take a methane test at the 
    completion of mining each extended cut to preclude the roof bolter 
    operator from having to take a test prior to entering the area; to 
    conduct a methane test using a 20 foot extendable probe from the second 
    row of bolts inby prior to any electrical equipment being operated in 
    this working place; to have a methane monitor with a digital readout 
    located on every roof bolting machine with the sensor head on the ATRS 
    unit and set to deenergize when the methane reading is 1.0 percent or 
    more; and to conduct a test for methane on the return side of all face 
    line curtains at the second row of bolts in areas where the faces are 
    not bolted when on-shift examinations are made. The petitioner states 
    that application of the mandatory 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.
    
    3. C & H Mining Company
    
    [Docket No. M-97-19-C]
    
        C & H Mining Company, HC 73, Box 168, Barbourville, Kentucky 40906 
    has filed a petition to modify the application of 30 CFR 75.342 
    (methane monitors) to its No. 8 Mine (I.D. No. 15-17882) 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. The 
    petitioner asserts that this petition is based on the safety of miners.
    
    4. Becky Coal Company, Inc.
    
    [Docket No. M-97-20-C]
    
        Becky Coal Company, Inc., P.O. Box 171, Siler, Kentucky 40763 has 
    filed a petition to modify the application of 30 CFR 75.380(f)(4)(I) 
    (escapeways; bituminous and lignite mines) to its Blue Gem Mine (I.D. 
    No. 15-16247) located in Whitley County, Kentucky. The petitioner 
    proposes to install two number five or one number ten portable chemical 
    fire extinguisher in the operator's deck of each Mescher tractor 
    operated at its mine; to have the fire extinguisher readily accessible 
    to the operator; and to have each fire extinguisher inspected daily by 
    the equipment operator prior to entering the escapeway and if any 
    defects are found replace the extinguisher before entering. The 
    petitioner asserts that this petition is based on the safety of the 
    miners.
    
    5. D.J.T Coal Company
    
    [Docket No. M-97-21-C]
    
        D.J.T Coal Company, R.D. #4, Box 358-d, Pine Grove, Pennsylvania 
    17963 has filed a petition to modify the application of 30 CFR 75.901 
    (protection of low- and medium-voltage three-phase circuits used 
    underground) to its D.J.T Slope (I.D. No. 36-08454) located in 
    Schuylkill County, Pennsylvania. The petitioner requests a modification 
    of the standard to permit the use of an alternative method of 
    compliance for the mines existing 480 volts 3-phase ungrounded Delta 
    system providing power to the underground stationary electrical 
    equipment instead of installing steel armored or grounded rigid steel 
    conduit. The petitioner has outlined in this petition specific 
    procedures for implementing its alternative method. In addition, the 
    petitioner asserts that the proposed alternative method would provide 
    at least the same measure of protection as would the mandatory 
    standard.
    
    6. Brookside Coal Company
    
    [Docket No. M-97-22-C]
    
        Brookside Coal Company, General Delivery, Spring Glen, Pennsylvania 
    17978 has filed a petition to modify the application of 30 CFR 75.1405 
    (automatic couplers) to its Diamond Vein Slope Mine (I.D. No. 36-08456) 
    located in Schuylkill County, Pennsylvania. The petitioner requests a 
    modification of the standard to permit the use of bar and pin or link 
    and pin
    
    [[Page 23798]]
    
    couplers on its underground haulage equipment. The petitioner asserts 
    that the proposed alternative method would provide at least the same 
    measure of protection as would the mandatory standard.
    
    7. E & E Fuels
    
    [Docket No. M-97-23-C]
    
        E & E Fuels, P.O. Box 265, Tremont, Pennsylvania 17981 has filed a 
    petition to modify the application of 30 CFR 75.1405 (automatic 
    couplers) to its Orchard Slope Mine (I.D. No. 36-08346) located in 
    Schuylkill County, Pennsylvania. The petitioner requests a modification 
    of the standard to permit the use of bar and pin or link and pin 
    couplers on its underground haulage equipment. The petitioner asserts 
    that the proposed alternative method would provide at least the same 
    measure of protection as would the mandatory standard.
    
    8. RoxCoal Incorporated
    
    [Docket No. M-97-24-C]
    
        RoxCoal Incorporated, P.O. Box 149, Freudians, Pennsylvania 15541 
    has filed a petition to modify the application of 30 CFR 75.362(d)(2) 
    (on-shift examination) to its Diamond T B Mine (I.D. No. 36-08223); its 
    Diamond T C Mine (I.D. No. 36-08214); and its Longview Mine (I.D. No. 
    36-03248) all located in Somerset County, Pennsylvania. The petitioner 
    proposes to use a 20 foot probe to make methane tests from the last row 
    of permanent roof supports when the roof bolting machine enters a 
    working place and to conduct the required twenty minute tests for the 
    roof bolter. 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.
    
    9. CONSOL of Kentucky, Inc.
    
    [Docket No. M-97-25-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 75.1101-8 (water sprinkler systems; arrangement 
    of sprinklers) to its E3RF Mine (I.D. No. 15-17894) located in Knott 
    County, Kentucky. The petitioner proposes to use a single overhead pipe 
    system with \1/2\-inch orifice automatic sprinklers located on 10-foot 
    centers, located to cover 50 feet of fire-resistant belt or 150 feet of 
    non-fire resistant belt, with actuation temperatures between 200 and 
    230 degrees Fahrenheit, and with water pressure equal to or greater 
    than 10 psi; and to have the sprinklers located not more than 10 feet 
    apart so that the discharge of water will extend 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.
    
    10. Kiah Creek Mining Company
    
    [Docket No. M-97-26-C]
    
        Kiah Creek Mining Company, P.O. Box 1409, Pikeville, Kentucky 41502 
    has filed a petition to modify the application of 30 CFR 75.364(b)(4) 
    (weekly examination) to its No. 14 Mine (I.D. No. 15-16501) located in 
    Pike County, Kentucky. Due to a roof fall in front of the No. 3 Seal, 
    traveling the area to physically examine the seal would be unsafe. The 
    petitioner proposes to check the inby and outby sides of the entry 
    daily to determine air quality, quantity, and the percentage of methane 
    on each side of the fall in the entry. The petitioner asserts that its 
    alternative method would provide a safe procedure without having to 
    clean up the fall.
    
    11. Arclar Company
    
    [Docket No. M-97-27-C]
    
        Arclar Company, 29 West Raymond, P.O. Box 444, Harrisburg, Illinois 
    62946 has filed a petition to modify the application of 30 CFR 75.350 
    (air courses and belt haulage entries) to its Big Ridge Mine (I.D. No. 
    11-02879) located in Saline County, Illinois. The petitioner proposes 
    to use intake air from belt haulage entries to ventilate the active 
    working places. The petitioner proposes to install and maintain a 
    carbon monoxide monitoring system along the beltline. The petitioner 
    asserts that the proposed alternative method would provide at least the 
    same measure of protection as would the mandatory standard.
    
    12. Maple Meadow Mining Company
    
    [Docket No. M-97-28-C]
    
        Maple Meadow Mining Company, General Delivery, Fairdale, West 
    Virginia 25839 has filed a petition to modify the application of 30 CFR 
    75.503 (permissible electric face equipment; maintenance) to its Maple 
    Meadow Mine (I.D. No. 46-03374) located in Raleigh County, West 
    Virginia. The petitioner proposes to replace a padlock on battery plug 
    connectors on mobile battery-powered machines 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.
    
    13. Apogee Coal Company d/b/a Arch of Illinois
    
    [Docket No. M-97-29-C]
    
        Apogee Coal Company d/b/a/ Arch of Illinois, P.O. Box 308, Percy, 
    Illinois 62272-0308 has filed a petition to modify the application of 
    30 CFR 75.323 (actions for excessive methane) to its Conant Mine (I.D. 
    No. 11-02886) located in Perry County, Illinois. Due to the layout of 
    the Archveyor system and its corresponding section power 
    system, the petitioner proposes to have the section's transformer 
    located in the intake air/power entry and maintained at least 300 feet 
    away from any type of mining (development or secondary mining/winging). 
    The petitioner states that the intake would feed the air to the active 
    working face, the gob area, and around the bleeder system. The 
    petitioner asserts that the proposed alternative method would provide 
    at least the same measure of protection as would the mandatory 
    standard.
    
    14. Bridger Coal Company
    
    [Docket No. M-97-30-C]
    
        Bridger Coal Company, P.O. Box 2068, Rock Springs, Wyoming 82902 
    has filed a petition to modify the application of 30 CFR 77.1607(n) 
    (loading and haulage equipment; operation) to its Bridger Mine (I.D. 
    No. 48-00677) located in Sweetwater County, Wyoming. The petitioner 
    requests a modification of the standard to allow light and medium duty 
    mobile equipment of 50,000 pounds MGVW or less, on which the park brake 
    function is a component of the transmission, to be stabilized when left 
    unattended: (a) with one set of double chock blocks, connected as a 
    single unit, placed around (in front and in back of) one tire of the 
    equipment; or (b) setting the brakes. The petitioner states that 
    whether chock blocks or brakes are used, the front wheels of the 
    equipment would be turned into a bank or berm if parked on a grade. The 
    petitioner asserts that the proposed alternative method would provide 
    at least the same measure of protection as would the mandatory 
    standard.
    
    15. Bear Ridge Mining, Inc.
    
    [Docket No. M-97-31-C]
    
        Bear Ridge Mining, Inc., P.O. Box 255, Tazewell, Virginia 24651 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 No. 1
    
    [[Page 23799]]
    
    Mine (I.D. No. 44-06227) located in Tazewell County, Virginia. The 
    petitioner proposes to operate self-propelled electric face equipment 
    without cabs or canopies. The petitioner states that application of the 
    standard would result in a diminution of safety to the miners.
    
    16. Eastern Associated Coal Corporation
    
    [Docket No. M-97-32-C]
    
        Eastern Associated Coal Corporation, 800 Laidley Tower, 500 Lee 
    Street, P.O. Box 1233, Charleston, West Virginia 25324 has filed a 
    petition to modify the application of 30 CFR 75.350 (air courses and 
    belt haulage entries) to its Harris/Rocklick Coal Handling Facility 
    (I.D. No. 46-08610) located in Boone County, West Virginia. The 
    petitioner proposes to mine using a two-entry system with the conveyor 
    haulageway located in the return air course, during development of a 
    coal handling facility (tunnel) between two (2) existing preparation 
    plants; the Harris Preparation Plant, MSHA I.D. No. 46-03135, WVDEP 0-
    72-82; and the Rocklick Preparation Plant, MSHA I.D. No. 46-06448. The 
    petitioner proposes to install a carbon monoxide monitoring system as 
    an early warning fire detection system in the belt entry and primary 
    escapeway of all two-entry developments; and to install sensors in the 
    belt entry and primary escapeway near the center and in the upper third 
    of the entry in a location where exposure to unsafe situations by 
    personnel working on the system would be prevented. The petitioner 
    asserts that the proposed alternative method would provide at least the 
    same measure of protection as would the mandatory standard.
    
    17. Peabody Coal Company
    
    [Docket No. M-97-33-C]
    
        Peabody Coal Company, 1214 Marissa Road, Marissa, Illinois 62257 
    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 Marissa Mine (I.D. No. 11-02440) located in 
    Washington County, Illinois. The petitioner proposes to use high-
    voltage trailing cables (2400-volt) inby the last open crosscut at the 
    sections where continuous miners are working. The petitioner asserts 
    that the proposed alternative method would provide at least the same 
    measure of protection as would the mandatory standard.
    
    18. Tanoma Mining Company
    
    [Docket No. M-97-34-C]
    
        Tanoma Mining Company, 1809 Chestnut Avenue, P.O. Box 25, 
    Barnesboro, Pennsylvania 15714 has filed a petition to modify the 
    application of 30 CFR 75.326 (now 75.350) (air courses and belt haulage 
    entries) to its Tanoma Mine (I.D. No. 36-06967) located in Indiana 
    County, Pennsylvania. The petitioner requests that paragraph 1B of 
    petition for modification, docket no. M-90-78-C be amended to add the 
    following sentence at the end of the paragraph: When pillaring, the 
    inby sensor is to be located at least 150 feet but no more than 160 
    feet from the inby end of the RFM. The petitioner asserts that the 
    proposed alternative method would provide at least the same measure of 
    protection as would the mandatory standard.
    
    19. Birdeye Coal Company, Inc.
    
    [Docket No. M-97-35-C]
    
        Birdeye Coal Company, Inc., HC 66, Box 494, Artemus, Kentucky 40903 
    has filed a petition to modify the application of 30 CFR 
    75.380(f)(4)(i) (escapeways; bituminous and lignite mines) to its No. 4 
    Mine (I.D. No. 15-17676) located in Knox County, Kentucky. The 
    petitioner proposes to install two number five or one number ten 
    portable chemical fire extinguisher in the operator's deck of each 
    Mescher tractor at its mine; to have the fire extinguisher readily 
    accessible to the operator; and to have each fire extinguisher 
    inspected daily by the equipment operator prior to entering the 
    escapeway. If any defects are found, the extinguisher will be replaced 
    before entering the escapeway. The petitioner asserts that this 
    petition is based on the safety of the miners.
    
    20. Long Branch Energy
    
    [Docket No. M-97-36-C]
    
        Long Branch Energy, P.O. Box 776, Danville, West Virginia 25053 has 
    filed a petition to modify the application of 30 CFR 75.503(18.41)(f) 
    (permissible electric face equipment; maintenance) to its No. 22 Mine 
    (I.D. No. 46-08583) located in Logan County, West Virginia. The 
    petitioner proposes to replace a padlock on battery plug connectors on 
    mobile battery-powered machines 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. In 
    addition, the petitioner asserts that the proposed alternative method 
    would provide at least the same measure of protection as would the 
    mandatory standard.
    
    21. Texas Utilities Mining Company
    
    [Docket No. M-97-37-C]
    
        Texas Utilities Mining Company, 1601 Bryan Street, Energy Plaza, 
    18th Floor, Dallas, Texas 75201 has filed a petition to modify the 
    application of 30 CFR 77.807-3 (movement of equipment; minimum distance 
    from high-voltage lines) to its Beckville Strip Mine (I.D. No. 41-
    02632), and its Tatum Strip Mine (I.D. No. 41-03659) located in Panola 
    County, Texas; its Oak Hill Strip Mine (I.D. No. 41-03660) located in 
    Rusk County, Texas; its Winfield South Strip Mine (I.D. No. 41-03658), 
    and its Winfield North Strip (I.D. No. 41-01900) located in Titus 
    County, Texas. The petitioner requests a modification of the standards 
    to permit various pieces of equipment to pass under or by the overhead 
    high voltage power lines (25,000 volts) used in TUMCO's electric 
    railway/catenary system (the ``Electrified Railroad'') with a minimum 
    of three feet of clearance between the equipment and the power line. 
    The petitioner asserts that the proposed alternative method would 
    provide at least the same measure of protection as would the mandatory 
    standard.
    
    22. Lion Mining Company
    
    [Docket No. M-97-38-C]
    
        Lion Mining Company, P.O. Box 209, Jennerstown, Pennsylvania 15547 
    has filed a petition to modify the application of 30 CFR 75.362(d)(2) 
    (on-shift examination) to its Grove No. 1 Mine (I.D. No. 36-02398) 
    located in Somerset County, Pennsylvania. The petitioner proposes to 
    use a 20-foot probe to make methane tests from the last row of 
    permanent roof supports when the roof bolting machine enters a working 
    place and to conduct the required twenty minute tests for the roof 
    bolter. The petitioner asserts that the proposed alternative method 
    would provide at least the same measure of protection as would the 
    mandatory standard.
    
    23. Spruce Fork Coal Company, Inc.
    
    [Docket No. M-97-39-C]
    
        Spruce Fork Coal Company, Inc., Route 6, Box 543, Buckhannon, West 
    Virginia 26201 has filed a petition to modify the application of 30 CFR 
    75.503(b)(2) (permissible electric face equipment; maintenance) to its 
    Spruce Fork Mine No. 1 (I.D. No. 46-08622) located in Upshur County, 
    West Virginia. The petitioner proposes to use a spring loaded locking 
    device, instead of padlocks to secure battery plugs to
    
    [[Page 23800]]
    
    machine mounted receptacles, that would prevent the threaded lock ring 
    on a plug from turning and becoming loose unintentionally. The 
    petitioner asserts that the proposed alternative method would provide 
    at least the same measure of protection as would the mandatory 
    standard.
    
    24. Barrick Goldstrike Mines, Inc.
    
    [Docket No. M-97-02-M]
    
        Barrick Goldstrike Mines, Inc., P.O. Box 29, Elko, Nevada 89803 has 
    filed a petition to modify the application of 30 CFR 56.6309(b) (fuel 
    oil requirements for ANFO) to its Barrick Goldstrike Mine (I.D. No. 26-
    01089) located in Elko County, Nevada. The petitioner requests a 
    modification of the standard to allow the use of used crankcase oil 
    blended with diesel fuel to prepare ammonium nitrate/fuel oil (ANFO) 
    for blasting. The petitioner has listed in this petition specific 
    details for using crankcase oil, and steps that would be taken to 
    ensure the continued health and safety of the miners.
    
    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 June 2, 1997. Copies 
    of these petitions are available for inspection at that address.
    
        Dated: April 24, 1997.
    Patricia W. Silvey,
    Director, Office of Standards, Regulations, and Variances.
    [FR Doc. 97-11342 Filed 4-30-97; 8:45 am]
    BILLING CODE 4510-43-P
    
    
    

Document Information

Published:
05/01/1997
Department:
Mine Safety and Health Administration
Entry Type:
Notice
Document Number:
97-11342
Pages:
23797-23800 (4 pages)
PDF File:
97-11342.pdf