Petitions for Modification

Federal RegisterAug 18, 1998

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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. Primrose Coal Company

[Docket No. M-98-53-C]

Primrose Coal Company, 475 High Road, Ashland, Pennsylvania 17921

has filed a petition to modify the application of 30 CFR 75.1400

(hoisting equipment; general) to its Buck Mountain Vein Slope (I.D. No.

36-08698) located in Schuylkill County, Pennsylvania. The petitioner

proposes to use a slope conveyance (gunboat) in transporting persons

without installing safety catches or other no less effective devices

but instead use increased rope strength 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.

2. Shamrock Coal Company, Inc.

[Docket No. M-98-54-C]

Shamrock Coal Company, P.O. Box 1360, London, Kentucky 40743 has

filed a petition to modify the application of 30 CFR

75.1902(c)(2)(i)(underground diesel fuel storage--general requirements)

to its No. 18 Mine (I.D. No. 15-02502) located in Leslie County,

Kentucky. The petitioner proposes to have a temporary underground

diesel fuel storage area located within 500 feet of the longwall

section track loading area; to have the track loading area for the

longwall section within 200 to 1200 foot range outby the active

longwall face as the longwall section retreats; and to have the loading

point for the longwall crews within the normal daily work and travel

area. The petitioner asserts that the proposed alternative method would

provide at least the same measure of protection as would the mandatory

standard.

3. Twentymile Coal Company

[Docket No. M-98-55-C]

Twentymile Coal Company, One Oxford Centre, 301 Grant Street, 20th

Floor, Pittsburgh, Pennsylvania 15219 has filed a petition to modify

the application of 30 CFR 75.500(d) (permissible electric equipment) to

its Foidel Creek Mine (I.D. No. 05-03836) located in Routt County,

Colorado. The petitioner proposes to measure the thickness of the deck

plate and related components on its longwall face conveyor using a

hand-held, double insulated 7.5 volt non-permissible ultrasonic

thickness gauge during idle shifts when mining is not occurring; to

deenergize all electrical equipment, except lighting, on the longwall

face and follow all appropriate lockout and tagout procedures prior to

using the gauge; and to have a certified person examine for methane in

the immediate area of the longwall face conveyor and record the

results, as a special examination, in the onshift examination books

after the shift on which the examination is performed. The petitioner

asserts that the proposed alternative method would provide at least the

same measure of protection as would the mandatory standard.

4. Twentymile Coal Company

[Docket No. M-98-56-C]

Twentymile Coal Company, One Oxford Centre, 301 Grant Street, 20th

Floor, Pittsburgh, Pennsylvania 15219 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 Foidel Creek Mine

(I.D. No. 05-03836) located in Routt County, Colorado. The petitioner

proposes to use a portable diesel powered generator to move

electrically powered mining equipment from one section of the mine to

another. The petitioner proposes to incorporate a ground fault system

for the power circuits that would deenergize mining equipment if a

phase to frame fault occurs. The petitioner asserts that the proposed

alternative method would provide at least the same measure of

protection as would the mandatory standard.

5. Blue Mountain Energy, Inc.

[Docket No. M-98-57-C]

Blue Mountain Energy, Inc., P.O. Box 1067, Rangely, Colorado 81648

has filed a petition to modify the application of 30 CFR 75.1002-1(a)

(location of other electric equipment; requirements for permissibility)

to its Deserado Mine (I.D. No. 05-03505) located in Rio Blanco County,

Colorado. The petitioner requests a modification of the standard to

allow the use of non-permissible electronic testing or diagnostic

equipment within 150 feet of pillar workings. 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.

6. Rustler Coal Company

[Docket No. M-98-58-C]

Rustler Coal Company, 66 South Tremont Street, Zerby, Pennsylvania

17981 has filed a petition to modify the application of 30 CFR 75.1405

(automatic couplers) to its Orchard Slope (I.D. No. 36-08346) located

in Schuylkill County, Pennsylvania. The petitioner requests a

modification of the standard to allow the use of bar and pin, or link

and pin couplers on 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. CONSOL of Kentucky, Inc.

[Docket No. M-98-59-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 system; arrangement of

sprinklers) to its Big Springs No. 17 Mine (I.D. No. 15-17996) located

in Knott County, Kentucky. The petitioner requests a modification of

the standard to allow the use of a single line of automatic sprinklers

for its fire protection system on main and secondary belt conveyors in

the Big Springs No. 1 Mine. 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 adjacent to the belt drive, with

actuation temperatures between 200 and 230 degrees Fahrenheit, and with

water pressure equal to or greater than 10 psi. The petitioner proposes

to have the automatic sprinklers located not more than 10 feet apart so

that the discharge of water would extend over the belt drive, belt

take-up, electrical control, and gear reducing unit. The petitioner

states that the water sprinkler system would be tested annually. The

petitioner asserts that the proposed alternative method would provide

at least the same measure of protection as would the mandatory

standard.

8. ANR Coal Company, LLC

[Docket No. M-98-60-C]

ANR Coal Company, LLC, P.O. Box 1578, Coeburn, Virginia 24230 has

filed a petition to modify the application of 30 CFR 75.350 (air

courses and belt haulage entries) to its Sargent Hollow Mine (I.D. No.

44-06795) located in

[[Page 44292]]

Wise County, Virginia. The petitioner proposes to use belt air to

ventilate active working faces. 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 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. Independence Coal Company, Inc.

[Docket Nos. M-98-61-C, M-98-62-C, and M-98-63-C]

Independence Coal Company, Inc., HC 78 Box 1800, Madison, West

Virginia 25130 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 Buffalo Creek Mine (I.D. No. 46-08514);

its Justice No. 1 Mine (I.D. No. 46-07273); and its Twilight Chilton-R

Mine (I.D. No. 46-08513) all located in Boone County, West Virginia.

The petitioner proposes to use high-voltage longwall mining equipment.

The nominal voltage of power circuits for this equipment would not

exceed 2,400 volts. The petitioner asserts that the proposed

alternative method would provide at least the same measure of

protection as would the mandatory standard.

10. Southern Edge, Inc.

[Docket No. M-98-64-C]

Southern Edge, Inc., HC 63 Box 22B, Bandy, Virginia 24602 has filed

a petition to modify the application of 30 CFR 75.364(b)(2) (weekly

examination) to its Mine No. 2 (I.D. No. 46-08362) located in McDowell

County, West Virginia. Due to a roof fall in the third crosscut in by

the portals, the Right return air course is unsafe to travel in its

entirety. The petitioner proposes to establish evaluation monitoring

points A and B to monitor the affected area. The petitioner asserts

that adverse roof conditions at the roof fall prevent any clean-up work

to be safely performed at the roof fall.

11. Leeco, Inc.

[Docket No. M-98-65-C]

Leeco, Inc., 1374 Highway 192 East, London, Kentucky 40741-3123 has

filed a petition to modify the application of 30 CFR 75.364(b)(2)

(weekly examination) to its Maces Creek Mine (I.D. No. 15-17911)

located in Perry County, Kentucky. Due to deteriorating roof conditions

in the Fan Mains return air course, traveling the area to examine for

hazardous conditions would be unsafe. The petitioner proposes to

establish monitoring stations in the return air course instead of

traveling the affected area in its entirety; to have a certified person

evaluate the monitoring stations on a weekly basis to determine the

quantity and quality of air entering and exiting the monitoring

stations; to have the examiners record the date, their initials, the

time, and the results of the examination in a book kept on the surface

available to all interested parties; to maintain all monitoring

stations and approaches to the monitoring stations in a safe condition

at all times; and to have the monitoring station locations and air

quantity and quality measurements at each monitoring station on the

mine ventilation map; and not to remove the monitoring stations without

prior approval from the District Manager as part of the mine's

ventilation plan. The petitioner asserts that the proposed alternative

method would provide at least the same measure of protection as would

the mandatory standard.

12. G and A Coal Company, Inc.

[Docket No. M-98-66-C]

G and A Coal Company, Inc., P.O. Box 250, Raven, Virginia 24639 has

filed a petition to modify the application of 30 CFR 75.350 (air

courses and belt haulage entries) to its No. 1 Mine (I.D. No. 44-06239)

located in Tazewell County, Virginia. The petitioner proposes to use

belt air to ventilate the working faces. The petitioner proposes to

install carbon monoxide monitoring devices to monitor the air at each

belt drive and tailpiece and at intervals not to exceed 2,000 feet

along each conveyor belt entry, and to have an audible alarm that would

sound at the surface master station and that would give the location

and type of alarm on a computer screen located at the surface master

station. The petitioner states that the alarm system would be capable

of giving a warning of a fire for a minimum of four (4) hours after the

power to the belt is removed, except when the power is removed during a

fan stoppage or the belt haulageway is examined. 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

17, 1998. Copies of these petitions are available for inspection at

that address.

Dated: August 10, 1998.

Patricia W. Silvey,

Director, Office of Standards, Regulations, and Variances.

[FR Doc. 98-22164 Filed 8-17-98; 8:45 am]

BILLING CODE 4510-43-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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