Petitions for Modification

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 ``[email protected]'', 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