Petitions for Modification

Federal RegisterNov 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. Consolidation Coal Company

[Docket No. M-98-89-C]

Consolidation Coal Company, Consol Plaza, 1800 Washington Road,

Pittsburgh, Pennsylvania 15241-1421 has filed a petition to modify the

application of 30 CFR 75.503 (permissible electric face equipment;

maintenance) to its Loveridge No. 22 Mine (I.D. No. 46-01433) located

in Marion County, West Virginia. The petitioner proposes to increase

the maximum length of their trailing cables to 1,000 feet for the

mining machine, loading machine, shuttle car, roof bolter, and the

section ventilation fan while developing longwall panels. The

petitioner asserts that the proposed alternative method would provide

at least the same measure of protection as would the mandatory

standard.

2. Cyprus Plateau Mining Corporation

[Docket No. M-98-90-C]

Cyprus Plateau Mining Corporation, One Oxford Centre, 301 Grant

Street, 20th Floor, Pittsburgh, Pennsylvania 15219-1410 has filed a

petition to modify the application of 30 CFR 75.323(e) (actions for

excessive methane) to its Willow Creek Mine (I.D. No. 42-02113) located

in Carbon County, Utah. The petitioner requests a modification of the

standard to permit more than 2 percent methane in a bleeder split of

air immediately before the split joins another split of air. 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.

3. Deitz Bros. Coal Company

[Docket No. M-98-92-C]

Deitz Bros. Coal Company, 137 W. 7th Street, Tuscarora,

Pennsylvania 17851 has filed a petition to modify the application of 30

CFR 75.1100-2 (quantity and location of firefighting equipment) to its

4 Ft. Vein (I.D. No. 36-08706) 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 equipped with three 10 quart pails are

not practical. The petitioner asserts that the proposed alternative

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

the mandatory standard.

4. Deitz Bros. Coal Company

[Docket No. M-98-93-C]

Deitz Bros. Coal Company, 137 W. 7th Street, Tuscarora,

Pennsylvania 17851 has filed a petition to modify the application of 30

CFR 75.1400 (hoisting equipment; general) to its 4 Ft. Vein (I.D. No.

36-08706) located in Schuylkill County, Pennsylvania. The petitioner

requests a modification of the existing standard to permit the gunboat

to be operated without safety catches or other no less effective

devices. The petitioner proposes to operate the man cage or steel

gunboat with secondary safety connections securely fastened around the

gunboat and to the hoisting rope above the main connecting device and

to use hoisting ropes with a safety factor in excess of the 4 to 8 to

1. The petitioner asserts that the proposed alternative method would

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

standard.

5. Bowie Resources, Inc.

[Docket No. M-98-94-C]

Bowie Resources, Inc., 1855 Old Hwy. 133, PO Box 483, Paonia,

Colorado 81428 has filed a petition to modify the application of 30 CFR

75.701 (grounding metallic frames, casings, and other enclosures of

electric equipment) to its Bowie Mine (I.D. No. 05-04591) located in

Delta County, Colorado. The petitioner proposes to use a portable

diesel powered generator for utility power and to move electrically

powered mining equipment in and around the mine following the specific

procedures outlined in this petition. The petitioner asserts that the

proposed alternative method would provide at least the same measure of

protection as would the mandatory standard.

6. Bowie Resources, Inc.

[Docket No. M-98-95-C]

Bowie Resources, Inc., 1855 Old Hwy. 133, PO Box 483, Paonia,

Colorado 81428 has filed a petition to modify the application of 30 CFR

75.901 (protection

[[Page 64104]]

of low- and medium-voltage three-phase circuits used underground) to

its Bowie Mine (I.D. No. 05-04591) located in Delta County, Colorado.

The petitioner proposes to use a portable diesel powered generator for

utility power and to move electrically powered mining equipment in and

around the mine following the specific procedures outlined in this

petition. The petitioner asserts that the proposed alternative method

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

mandatory standard.

7. Mettiki Coal Corporation

[Docket No. M-98-96-C]

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

21550 has filed a petition to modify the application of 30 CFR 75.1100-

2(e)(2) (quantity and location of firefighting equipment) to its

Mettiki Mine (I.D. No. 18-00621) located in Garrett County, Maryland.

The petitioner requests a modification of the standard to permit

provision of two portable fire extinguishers at each temporary

electrical installation. The petitioner proposes to store at each

temporary electrical installation two multipurpose, dry chemical,

portable fire extinguishers, each having at least a minimum capacity of

10 pounds of dry powder. The petitioner states that all portable fire

extinguishers would be approved by the Underwriters Laboratories, Inc.,

or Factory Research Corporation, and each would have a rating of 2A

10BC or higher. The petitioner asserts that the proposed alternative

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

the mandatory standard.

8. The Pittsburg & Midway Coal Mining Company

[Docket No. M-98-97-C]

The Pittsburg & Midway Coal Mining Company, PO Box 6518, Englewood,

Colorado 80155-6518 has filed a petition to modify the application of

30 CFR 75.364(b)(4) (weekly examination) to its Sebree #1 Mine (I.D.

No. 15-17044) located in Webster County, Kentucky. Due to a rock fall

in front of the No. 2 Seal at the No. 7 entry in the North Submain

return, examining the area every 7 days would be unsafe. The petitioner

proposes to examine the inby and outby side of the rock fall at the No.

2 Seal once during each 24 hour period. The petitioner asserts that the

proposed alternative method would provide at least the same measure of

protection as would the mandatory standard.

9. Oxbow Mining, Inc.

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

Oxbow Mining, Inc., PO Box 535, Somerset, Colorado 81434 has filed

a petition to modify the application of 30 CFR 75.380(d)(5)

(escapeways; bituminous and lignite mines) to its Sanborn Creek Mine

(I.D. No. 05-04452) located in Gunnison County, Colorado. The

petitioner requests a modification of the standard to allow continued

usage of the current secondary escapeway as an alternative intake

escapeway instead of using the No. 3 Substation Return Airshaft. 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 December 18,

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

address.

Dated: November 10, 1998.

Carol J. Jones,

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

[FR Doc. 98-30862 Filed 11-17-98; 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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