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. Mettiki Coal Corporation

[Docket No. M-98-67-C]

Mettiki Coal Corporation, 293 Table Rock Road, Oakland, Maryland

21550 has filed a petition to modify the application of 30 CFR

75.500(b) (permissible electric equipment) to its Mettiki Mine (I.D.

No. 18-00621) located in Garrett County, Maryland. The petitioner

requests a modification of the standard to allow nonpermissible hand-

held, battery-powered drills and nonpermissible electronic testing and

diagnostic equipment to be taken into or used inby the last open

crosscut. 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. Jewell Smokeless Coal Corporation

[Docket No. M-98-68-C]

Jewell Smokeless Coal Corporation, P.O. Box 70, Vansant, Virginia

24656 has filed a petition to modify the application of 30 CFR

77.214(a) (refuse piles; general) to its Dominion Mine No. 25 (I.D. No.

44-00649) located in Buchanan County, Virginia. The petitioner proposes

to construct a refuse bench fill in an area containing abandoned mine

openings. The petitioner asserts that the proposed alternative method

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

mandatory standard.

3. Arclar Company

[Docket No. M-98-69-C]

Arclar Company, 29 West Raymond, P.O. Box 444, Harrisburg, Illinois

62946 has filed a petition to modify the application of 30 CFR 75.503

[[Page 45866]]

(permissible electric face equipment; maintenance) to its Big Ridge

Mine (I.D. No. 11-02879) located in Saline County, Illinois. The

petitioner proposes to use fabricated metal locking devices with a

locking screw threaded through a steel bracket instead of padlocks to

lock battery plugs to machine-mounted battery receptacles on

permissible, mobile, battery-powered machines. The petitioner states

that initial and refresher training will be provided to all operators

of these machines, and to all miners who couple and uncouple battery

plugs on the machines. The petitioner asserts that the proposed

alternative method would provide at least the same measure of

protection as would the mandatory standard.

4. Jim Walter Resources, Inc.

[Docket No. M-98-70-C]

Jim Walter Resources, Inc., P.O. Box 133, Brookwood, Alabama 35444

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

(weekly examination) to its No. 4 Mine (I.D. No. 01-01247) located in

Tuscaloosa County, Alabama. Due to hazardous conditions in certain

areas of the air course, traveling the affected area would be unsafe.

The petitioner proposes to establish evaluation points inby and outby

the deteriorated return; and to have a certified person examine these

evaluation points for methane and oxygen concentrations and the volume

of air and record the results in a book maintained on the surface of

the mine. 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.

5. Mettiki Coal Corporation

[Docket No. M-98-71-C]

Mettiki Coal Corporation, 293 Table Rock Road, Oakland, Maryland

21550 has filed a petition to modify the application of 30 CFR

75.804(a) (underground high-voltage cables) to its Mettiki Mine (I.D.

No. 18-00621) located in Garrett County, Alabama. The petitioner

proposes to use specially designed high-voltage cables for longwall

mining equipment. The petitioner states that the cables would have a

center ground check conductor not smaller than 16 A.W.G. and

constructed of symmetrical 3/C, 3/G, and 1/GC; the type would be

CABLEC/BICC Anaconda Brand 5KV, 3/C type SHD&GC, Americable Tiger

Brand, 3/C, 5KV, type SHD-CGC; Pirelli 5KV, 3/C, type SHD-CENTER-GC, or

similar 5,000-volt cable with a center ground check conductor, but

otherwise manufactured to the ICEA Standard S-75-381 for type SHD,

three-conductor cables; that the cables would be MSHA accepted as

flame-resistant and used only for high-voltage longwall equipment; and

that all miners performing electrical maintenance on high-voltage

cables on the longwall would be trained to safely install, splice, and

repair the specially designed high-voltage cables. The petitioner

asserts 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.

6. Independence Coal Company, Inc.

[Docket No. M-98-72-C]

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

Virginia 25130 has filed a petition to modify the application of 30 CFR

75.1700 (oil and gas wells) to its Justice # 1 Mine (I.D. No. 46-07273)

located in Boone County, West Virginia. The petitioner requests a

modification of the standard to allow plugging of oil and gas wells

using specific procedures outlined in this petition for modification.

The petitioner asserts that the proposed alternative method would

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

standard.

7. Powell Mountain Coal Company, Inc.

[Docket No. M-98-73-C]

Powell Mountain Coal Company, Inc., Rt., 1, Box 140, St. Charles,

Virginia 24282 has filed a petition to modify the application of 30 CFR

75.1710-1 (canopies or cabs; self-propelled diesel-powered and electric

face equipment; installation of requirements) to its Wallins A Mine

(I.D. No. 44-06364) located in Lee County, Virginia. Due to low coal

seam heights, the petitioner proposes to operate its electric face

equipment such as the Simmons-Rand 828 Unahauler battery coal haulers

and Simmons-Rand Model 482 scoops, without canopies. The petitioner

asserts that application of the standard would result in a diminution

of safety to the miners.

8. Hecla Mining Company

[Docket No. M-98-04-C]

Hecla Mining Company, 6500 Mineral Drive, Coeur d'Alene, Idaho

83815-8788 has filed a petition to modify the application of 30 CFR

49.8(b) (training for mine rescue teams) to its Rosebud Mine (I.D. No.

26-02241) located in Pershing County, Nevada. The petitioner requests a

modification of the standard to allow miners who have qualified as mine

rescue personnel in mining districts that are subject to MSHA

jurisdiction, to be considered as fulfilling the requirement of the

standard; to allow similarly trained miners who are not designated as

mine rescue personnel, including back-up mine rescue personnel from

Getchell Gold Corporation's mine to be considered as fulfilling the

requirements of the standard; to allow training for the mine rescue

personnel to be not less than five (5) total sessions per year with at

least three (3) of the five (5) sessions to be conducted underground;

and to allow a minimum of two and one-half (2\1/2\) hours per session

during each of the five (5) sessions to be spent using oxygen. The

petitioner states that the total annual cumulative amount of training

would equal to 12\1/2\ hours under oxygen, and a total training regimen

of 50 hours per year; and that all miners who have not had the required

training would have to complete the training or complete training

required of mine rescue personnel before being allowed to assume any

positions for mine rescue personnel. The petitioner asserts that

application of the standard would result in a diminution of safety 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.

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

28, 1998. Copies of these petitions are available for inspection at

that address.

Dated: August 14, 1998.

Patricia W. Silvey,

Director, Office of Standards, Regulations, and Variances.

[FR Doc. 98-22956 Filed 8-26-98; 8:45 am]

BILLING CODE 4510-43-P