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. U.S. Steel Mining Company, L.L.C.

[Docket No. M-98-81-C]

U.S. Steel Mining Company, L.L.C., 600 Grant Street, Pittsburgh,

Pennsylvania 15219-2749 has filed a petition to modify the application

of 30 CFR 75.503 (permissible electric face equipment; maintenance) to

its Gary No. 50 Mine (I.D. No. 46-01816) located in Wyoming County,

West Virginia. The petitioner proposes to use permanently installed

spring-loaded locking devices on battery plugs on battery-powered

equipment instead of using padlocks. The petitioner asserts that the

proposed alternative method would provide at least the same measure of

protection as would the mandatory standard.

2. Old Dominion Energy, Inc.

[Docket No. M-98-82-C]

Old Dominion Energy, Inc., P.O. Box 1234, Grundy, Virginia 24614

has filed a petition to modify the application of 30 CFR 75.1710

(canopies or cabs; diesel-powered and electric face equipment) to its

Mine No. 5 (I.D. No. 44-06890) located in Wise County, Virginia. The

petitioner proposes to operate electric mobile equipment without

canopies in seam heights up to 50 inches. The petitioner asserts that

the proposed alternative method would not result in a diminution of

safety to the miners.

3. Long Branch Energy

[Docket No. M-98-83-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

(permissible electric face equipment; maintenance) to its Mine No. 23

(I.D. No. 46-08637) located in Boone County, Virginia. The petitioner

proposes to use a threaded ring and a spring loaded device on battery

plug connectors on mobile battery-powered machines to prevent the plug

connector from accidently disengaging while under load. 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.

4. CONSOL of Kentucky, Inc.

[Docket No. M-98-84-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 75.901(a) (protection of low- and medium-voltage

three-phase circuits used underground) to its Big Spring No. 16 Mine

(I.D. No. 15-17957), E3RF Mine (I.D. No. 15-17894), Motts Branch Mine

(I.D. No. 15-18012), and its Big Spring No. 17 Mine (I.D. No. 15-17996)

all located in Knott County, Kentucky; and its Wiley (MC) Mine (I.D.

No. 15-17220), E3-MC Mine (I.D. No. 15-17720), and its Loves Branch

Mine (I.D. No. 15-17814) located in Letcher County, Kentucky. The

petitioner proposes to derive a low and medium voltage three-phase,

alternating current for use underground from a portable, diesel-driven

generator

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and to connect the neutral of the generator's transformer secondary

through a suitable resistor to the frame of the diesel generator. The

frame of the diesel generator would have solid connection to a borehole

casing, a metal waterline, or a grounding conductor with a low

resistance to earth. The petitioner proposes to follow specific terms

and conditions listed in this petition for utilizing the proposed

alternative method. The petitioner asserts that the proposed

alternative method would provide at least the same measure of

protection as would the mandatory standard.

5. Rustler Coal Company

[Docket No. M-98-85-C]

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

Pennsylvania 17981 has filed a petition to modify the application of 30

CFR 75.340 (underground electrical installations) to its Orchard Slope

Mine (I.D. No. 36-08346) located in Schuylkill County, Pennsylvania.

The petitioner proposes to charge its batteries on the mine's

locomotive during idle periods when all miners have been removed from

the mine and to allow the intake air used to ventilate the charging

station, located at the No. 1 chute of the active gangway level, to

continue through its normal route to the last open crosscut and into

the monkey airway (return). The petitioner asserts that the proposed

alternative method would provide at least the same measure of

protection as would the mandatory standard.

6. Kedco, Inc.

[Docket No. M-98-86-C]

Kedco, Inc., P.O. Box 1358, Gilbert, West Virginia 25621 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 Mine No. 2 (I.D. No. 46-08019) located in Mingo

County, West Virginia. The petitioner proposes to use high-voltage

(2,400 volt cables) to power continuous mining machines in and inby the

last open crosscut. The petitioner asserts that the proposed

alternative method would provide at least the same measure of

protection as would the mandatory standard.

7. Solvay Minerals

[Docket No. M-98-07-M]

Solvay Minerals, P.O. Box 1167, Green River, Wyoming 82935 has

filed a petition to modify the application of 30 CFR 57.22305 [approved

equipment (III mines)] to its Solvay Minerals, Inc. (I.D. No. 48-01295)

located in Sweetwater County, Wyoming. The petitioner requests that

previous petition for modification, docket number M-91-05-M, be amended

to allow specific nonpermissible tools listed in this petition to be

used in or beyond the last open crosscut. The petitioner states that

prior to using these tools, the atmosphere would be examined for

methane and would be continuously monitored with an approved instrument

[MS240], [MX212], or MX250 CMX 270, CMX 271, and/or equivalent capable

of providing both visual and audible alarms required in 30 CFR 57.22227

and according to the definition of mine atmosphere; that qualified

personnel would physically attend the equipment when used in or inby

the last open crosscut or in areas where methane may enter the air

current; that the procedures in 30 CFR 57.22234 would be followed if

1.0 percent or more methane is detected; that the proposed changes to

the petition would ensure the most up-to-date equipment, which would

not only ensure compliance accuracy but would also meet or exceed the

previous modification. The petitioner states that the alternative

method of purchasing and using the most up-to-date equipment would

allow them to continue ensuring the same level of protection that has

been afforded to their employees in the past. 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 November 30,

1998. Copies of these petitions are available for inspection at that

address.

Dated: October 20, 1998.

Carol J. Jones,

Acting Director, Office of Standards, Regulations, and Variances.

[FR Doc. 98-29082 Filed 10-29-98; 8:45 am]

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