[Federal Register Volume 63, Number 149 (Tuesday, August 4, 1998)]
[Notices]
[Pages 41597-41599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20763]
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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. Mountain Coal Company
[Docket No. M-98-38-C]
Mountain Coal Company, P.O. Box 591, Somerset, Colorado 81434 has
filed a petition to modify the application of 30 CFR 75.380 (d)(4)
(escapeways; bituminous and lignite mines) to its West Elk Mine (I.D.
No. 05-03672) located in Gunnison County, Colorado. The petitioner
requests a modification of the standard to allow the width of the
alternate escapeway in the belt entry to be maintained at a minimum 48
inch width for a distance of about 20 feet on the walkway side at each
belt drive, tripper drive, belt brake, belt transfer point, belt
splicing table, and belt take-up unit. The petitioner asserts 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.
2. Canyon Fuel Company, LLC
[Docket No. M-98-39-C]
Canyon Fuel Company, LLC, P.O. Box 719, Helper, Utah 84526 has
filed a petition to modify the application of 30 CFR 75.1909(b)(8)
(nonpermissible diesel-powered equipment; design and performance
requirements) to its Skyline Mine No. 1 (I.D. No. 42-01435), and its
Skyline Mine No. 3 (I.D. No. 42-01566) located in Carbon and Emery
Counties, Utah. The petitioner requests a modification of the standard
to permit the use of a device that traps a column of fluid to hold the
brake in the applied position, provided that when this device is used,
the wheels shall be blocked against motion through the use of a wheel
block on the downgrade side of at least one tire. The petitioner
asserts that the proposed alternative method would provide at least the
same measure of protection as would the mandatory standard.
3. Canyon Fuel Company, LLC
[Docket No. M-98-40-C]
Canyon Fuel Company, LLC, P.O. Box 719, Helper, Utah 84526 has
filed a petition to modify the application of 30 CFR 75.1913(c)(1)
(starting aids) to its Skyline Mine No. 1 (I.D. No. 42-01435), and its
Skyline Mine No. 3 (I.D. No. 42-01566) located in Carbon and Emery
Counties, Utah. The petitioner requests a modification of the standard
to permit the use of volatile fuel starting aids in areas where
permissible equipment is required, provided that continuous methane
testing is done before the starting aids are taken into these areas and
during the time that the starting aids are in use or are present in
these areas. The petitioner states that if greater than 0.1 percent of
methane is detected, the starting aids would not be taken into or used
in these areas; and that the starting aids would be removed from the
areas immediately after use. The petitioner asserts that the proposed
alternative method would provide at least the same measure of
protection as would the mandatory standard.
4. Island Creek Coal Company
[Docket No. M-98-41-C]
Island Creek Coal Company, 1741 Hilltop Road, Morganfield, Kentucky
42437 has filed a petition to modify the application of 30 CFR 75.350
(air courses and belt haulage entries) to its Ohio No. 11 Mine (I.D.
No. 15-03178) located in Union County, Kentucky. The petitioner
requests that Item No. 4 of the Proposed Decision and Order for its
previously granted petition be amended to read as follows:
``Administrative controls shall be used to minimize the number and type
of pieces of diesel equipment in the mine and to notify miners on the
working section(s) when diesel equipment with a rating of 50 horsepower
or greater is operating in air currents affecting the section(s) being
ventilated with belt air only. All diesel-powered equipment operated in
the mine shall be provided with a fire suppression system.'' The
petitioner asserts that the proposed alternative method would provide
at least the same measure of protection as would the mandatory
standard.
5. Joliett Coal Company
[Docket No. M-98-42-C]
Joliett Coal Company, 837 East Grand Avenue, Tower City,
Pennsylvania 17980 has filed a petition to modify the application of 30
CFR 75.332(b)(1) and (b)(2) (working sections and working places) to
its No. 3 Vein Slope (I.D. No. 36-08702) located in Schuylkill County,
Pennsylvania. The petitioner proposes to use air passing through
inaccessible abandoned workings and additional areas, which is not
examined under other mandatory standards and is currently mixing with
the air in the intake haulage slope, to ventilate the only active
working section; to ensure air quality by sampling intake air during
preshift and on-shift examinations; and to suspend mine production when
air quality fails to meet specified criteria. The petitioner asserts
that the proposed alternative method would provide at least the same
measure of protection as would the mandatory standard.
6. Joliett Coal Company
[Docket No. M-98-43-C]
Joliett Coal Company, 837 East Grand Avenue, Tower City,
Pennsylvania 17980 has filed a petition to modify the application of 30
CFR 75.340 (underground electrical installations) to its No. 3 Vein
Slope (I.D. No. 36-08702) located in Schuylkill County, Pennsylvania.
The petitioner proposes to charge batteries on the mine's locomotive
during idle periods when all
[[Page 41598]]
miners are out of the mine and to allow intake air used to ventilate
the charging station to continue through the normal route to the last
open crosscut and into the return airway. The petitioner asserts that
the proposed alternative method would provide at least the same measure
of protection as would the mandatory standard.
7. Joliett Coal Company
[Docket No. M-98-44-C]
Joliett Coal Company, 837 East Grand Avenue, Tower City,
Pennsylvania 17980 has filed a petition to modify the application of 30
CFR 75.335 (construction of seals) to its No. 3 Vein Slope (I.D. No.
36-08702) 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 inaccessible abandoned workings; a design criteria in the 10
psi range; and installation of the water trap 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.
8. Joliett Coal Company
[Docket No. M-98-45-C]
Joliett Coal Company, 837 East Grand Avenue, Tower City,
Pennsylvania 17980 has filed a petition to modify the application of 30
CFR 75.360 (preshift examination) to its No. 3 Vein Slope (I.D. No. 36-
08702) located in Schuylkill County, Pennsylvania. The petitioner
proposes to visually examine each seal for physical damage from the
slope gunboat during the pre-shift examination after an air quality
reading is taken inby 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.
9. Joliett Coal Company
[Docket No. M-98-46-C]
Joliett Coal Company, 837 East Grand Avenue, Tower City,
Pennsylvania 17980 has filed a petition to modify the application of 30
CFR 75.364(b)(1), (4) and (5) (weekly examination) to its No. 3 Vein
Slope (I.D. No. 36-08702) located in Schuylkill County, Pennsylvania.
The petitioner proposes to examine the intake haulage slope and primary
escapeway areas from the gunboat/slope car with an alternative air
quality evaluation at the section's intake level, and to travel and
thoroughly 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.
10. Joliett Coal Company
[Docket No. M-98-47-C]
Joliett Coal Company, 837 East Grand Avenue, Tower City,
Pennsylvania 17980 has filed a petition to modify the application of 30
CFR 75.1002-1 (location of other electric equipment; requirements for
permissibility) to its No. 3 Vein Slope (I.D. No. 36-08702) located in
Schuylkill County, Pennsylvania. The petitioner proposes to use
nonpermissible electric equipment within 150 feet of the pillar line
and to suspend equipment operation anytime the methane concentration at
the equipment reaches 0.5 percent, either during operation or during a
pre-shift examination. The petitioner asserts that the proposed
alternative method would provide at least the same measure of
protection as would the mandatory standard.
11. Joliett Coal Company
[Docket No. M-98-48-C]
Joliett Coal Company, 837 East Grand Avenue, Tower City,
Pennsylvania 17980 has filed a petition to modify the application of 30
CFR 75.1100-2 (quantity and location of firefighting equipment) to its
No. 3 Vein Slope (I.D. No. 36-08702) 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 is not practical. The petitioner asserts
that the proposed alternative method would provide at least the same
measure of protection as would the mandatory standard.
12. Joliett Coal Company
[Docket No. M-98-49-C]
Joliett Coal Company, 837 East Grand Avenue, Tower City,
Pennsylvania 17980 has filed a petition to modify the application of 30
CFR 75.1200(d) & (i) (mine map) to its No. 3 Vein Slope (I.D. No. 36-
08702) 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.
13. Joliett Coal Company
[Docket No. M-98-50-C]
Joliett Coal Company, 837 East Grand Avenue, Tower City,
Pennsylvania 17980 has filed a petition to modify the application of 30
CFR 75.1202-1(a) (temporary notations, revisions, and supplements) to
its No. 3 Vein Slope (I.D. No. 36-08702) 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.
14. Webster County Coal Corporation
[Docket No. M-98-51-C]
Webster County Coal Corporation, 2668 State Route 120 East,
Providence, Kentucky 42450 has filed a petition to modify the
application of 30 CFR 75.364(b)(1) (weekly examination) to its Dotiki
Mine (I.D. No. 15-02132) located in Webster County, Kentucky. Due to
poor roof conditions and diminishing height in the intake air course,
traveling the affected area would be unsafe. The petitioner proposes to
establish two continuous monitoring stations to continuously monitor
for methane and oxygen; to have an audible alarm signal at a surface
location where a responsible person would be on duty at all times while
miners are underground, and to train this person in the proper
procedures for handling the monitoring system if immediate action is
necessary in the event of an emergency or malfunction; to have a
certified person check the monitoring stations weekly for air quantity
and direction; and to have the results of the check recorded in a book
that would be maintained on the surface. 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
[[Page 41599]]
least the same measure of protection as would the mandatory standard.
15. Dandy Mining Company, Inc.
[Docket No. M-98-52-C]
Dandy Mining Company, Inc., P.O. Box 917, Gilbert, West Virginia
25621 has filed a petition to modify the application of 30 CFR
75.364(a)(1) and (b)(2) (weekly examination) to its No. 1 Mine (I.D.
No. 46-08307) located in Logan County, West Virginia. The petitioner
requests temporary modification of the standard to the extent that
complying with the standard would put an examiner in an unsafe
situation when traveling certain areas of the return air course due to
deteriorating roof and conditions. The petitioner intends to mine
parallel and mine into the affected area in approximately 6 months and
seal the area according to MSHA requirements and West Virginia State
Law. The petitioner proposes to establish evaluation points to monitor
movement of air going into and returning from the affected area. The
petitioner states that if the affected area is sealed according to MSHA
requirement, when mining into the affected area, the West Virginia Law
would require mine rescue teams to be present and operate equipment
under oxygen to mine into sealed areas which would create a hazard 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.
16. Chemical Lime Company
[Docket No. M-98-02-M]
Chemical Lime Company, P.O. Box 479, Montevallo, Alabama 35115 has
filed a petition to modify the application of 30 CFR 56.6306 (loading,
blasting, and security) to its O'Neal Quarry (I.D. No. 01-00003)
located in Shelby County, Alabama. The petitioner proposes to load
explosives to within one hole of the hole being drilled during the
drilling cycle of overburden removal. The petitioner asserts that
application of the standard as it applies to the overburden blasting at
the O'Neal Quarry will create a diminution of safety to the miners and
to the drilling and blasting contractors. In addition, the petitioner
asserts that the proposed alternative method would provide at least the
same measure of protection as would the mandatory standard.
17. Climax Molybdenum Company
[Docket No. M-98-03-M]
Climax Molybdenum Company, One Oxford Centre, 301 Grant Street,
20th Floor, Pittsburgh, Pennsylvania 15219 has filed a petition to
modify the application of 30 CFR 57.12016 (work on electrically powered
equipment) to its Henderson Mine (I.D. No. 05-00790) located in Clear
Creek County, Colorado. The petitioner requests a modification of the
standard to permit an alternative method of compliance with the
requirements for lockout of equipment. The petitioner proposes to
perform all lockout steps in the crusher control room except the
lockout of the conveyor belt pullcord; to have the crusher operator
remotely open two power contactor/breakers for each drive motor, turn
the VFC off and disable all local control power for these contactor/
breakers, and have an auxiliary contactor on each breaker or contactor
that would indicate whether each device has opened; to disable the mill
operator control and the potential network control hardware; to have
persons desiring a lockout to activate a pullcord switch and lock the
switch with a lockout lock; to give an indication to the crusher
operator that the last pullcord switch has been deactivated; to have
the crusher operator try to start the belt to ensure that starting the
belt system is not possible before declaring the belt system locked
out; and to have the crusher operator physically guard the PLC in the
control room or lock the control room with a lockout lock. 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 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 September 3,
1998. Copies of these petitions are available for inspection at that
address.
Dated: July 27, 1998.
Patricia W. Silvey,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 98-20763 Filed 8-3-98; 8:45 am]
BILLING CODE 4510-43-P
