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. Consolidation Coal Company

[Docket No. M-1999-016-C]

Consolidation Coal Company, Consol Plaza, 1800 Washington Road,

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

application of 30 CFR 75.804(a) (underground high-voltage cables) to

its Rend Lake Mine (I.D. No. 11-00601) located in Jefferson County,

Illinois. The petitioner proposes to use a high-voltage cable with an

internal ground check conductor smaller than No. 10 (A.W.G.) as part of

its longwall mining system. The petitioner asserts that the proposed

alternative method would provide at least the same measure of

protection as would the mandatory standard.

2. Lone Mountain Processing, Inc.

[Docket No. M-1999-017-C]

Lone Mountain Processing, Inc., P.O. Box 40, Pennington Gap,

Virginia 24277 has filed a petition to modify the application of 30 CFR

75.364(b)(2) (weekly examination) to its Darby Fork No. 1 Mine (I.D.

No. 15-02263) located in Harlan County, Kentucky. Due to deteriorating

roof conditions in certain

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areas of the return air course, the petitioner proposes to establish

three monitoring locations to evaluate the air entering and leaving the

No. 3 East Main and No. 3 North Main return air course used to return

air that ventilates the 7, 8, 11, and 12 Right Panels (5 East Main) to

the main surface mine fan. The petitioner proposes also to (i) have a

certified person conduct weekly evaluations at each monitoring location

to measure the quality of air entering and leaving the monitoring

location to determine the methane and oxygen concentrations using an

MSHA approved hand-held device, and to measure the quantity of air at

each monitoring location using an appropriate calibrated anemometer;

(ii) have the examiner record the results of the examinations in a book

kept on the surface with the date, time, and his/her initials and made

available to all interested parties; (iii) conduct an investigation of

the affected area whenever there is any significant difference in the

quantities of air flow at or between the two monitoring stations; (iv)

keep all monitoring locations and all approaches to the locations

maintained in safe condition at all time; (v) post a sign in the main

travelway that would show the safe travel route to each monitoring

location; and (vi) instruct all personnel that no travel into the

affected area of the air course is permitted, and fence off or

barricade with ``Do Not Enter'' warning signs, all other approaches to

these locations. The petitioner asserts that the proposed alternative

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

the mandatory standard.

3. Clinchfield Coal Company

[Docket No. M-1999-018-C]

Clinchfield Coal Company, P.O. Box 7, Dante, Virginia 24237 has

filed a petition to modify the application of 30 CFR 75.1710-1(a)

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

equipment; installation requirements) to its Roaring Fork No. 2 Mine

(I.D. No. 44-06308) located in Dickenson County, Virginia. The

petitioner proposes to operate its Long Airdox Un-A-Haulers Models CH

810 and 828 electric face equipment without canopies in mining heights

of less than 50 inches. The petitioner asserts that although the

equipment at issue can be operated with canopies in a minimum height of

48 inches, operating equipment with canopies in lesser heights exposes

miners to increased danger, such as dislodgment of roof supports by the

canopies, resulting in the increased probability of roof falls that

could injure the equipment operator and other miners in the area. The

petitioner asserts that application of the mandatory standard would

result in a diminution of safety to the miners.

4. K and B Coal, Inc.

[Docket No. M-1999-019-C]

K and B Coal, Inc., P.O. Box 2265, Pikeville, Kentucky 41502 has

filed a petition to modify the application of 30 CFR 75.503

(permissible electric face equipment; maintenance) to its Mine No. 1

(I.D. No. 15-17984) located in Knott County, Kentucky. The petitioner

proposes to use permanently installed spring-loaded locking devices on

its mobile battery-powered machines instead of a padlock to prevent

unintentional loosening of battery plugs from battery receptacles to

eliminate the hazards associated with difficult removal of padlocks

during emergency situations. The petitioner asserts that application of

the mandatory 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. Webster County Coal Corporation

[Docket No. M-1999-020-C]

Webster County Coal Corporation, St. Rt. 2668 120 E, Providence,

Kentucky 42450 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 Dotiki Mine (I.D. No. 15-02132) located in

Webster County, Kentucky. The petitioner proposes to use a 200 KW/250

KVA, 480-volt diesel generator system for moving equipment in and out

the Dotiki Mine. The petitioner has listed specific procedures, terms,

and conditions in this petition to be followed when using this

generator system. The petitioner asserts that the proposed alternative

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

the mandatory standard.

6. Jim Walter Resources, Inc.

[Docket No. M-1999-021-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. The petitioner states that due to hazardous

conditions in the return air course entries, traveling certain areas of

the air course would be unsafe. The petitioner proposes to establish

evaluation points inby and outby the affected area and have a certified

person examine these evaluations 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 mandatory 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.

7. ASARCO, Inc.

[Docket No. M-1999-002-M]

ASARCO, Inc., P.O. Box 8, Hayden, Arizona 85235 has filed a

petition to modify the application of 30 CFR 56.14100(a) (safety

defects; examination, correction and records) to its Ray Complex Mine

(I.D. No. 02-00150) located in Pinal County, Arizona. The petitioner

requests a modification of the standard to permit the continued use of

the procedures already in place for pre-shift examination of their

buses. The petitioner proposes to have a qualified and competent driver

to pre-shift inspect the buses for the oncoming shift at 8:00 a.m. to

4:00 p.m., and have the operator drive the bus to the fuel island after

the bus is thoroughly inspected, fuel the bus and drive it back to the

pit office, and report any defects to the maintenance department for

repair before the bus is placed into service. The petitioner states

that (i) the buses are not used again until the bus drivers who deliver

personnel for the 8:00 a.m. shift drive the bus into the pit at 7:50

a.m.; (ii) the bus drivers who have completed that shift (12:00 a.m. to

8:00 a.m.) drive the buses carrying the outgoing shift workers out of

the pit; and (iii) by following the cycle for each shift, each bus

receives a minimum of three pre-shift inspections every 24 hours,

immediately prior to the start of the new shift. The petitioner asserts

that application of the mandatory standard would result in 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.

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

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Wilson Boulevard, Room 627, Arlington, Virginia 22203. All comments

must be postmarked or received in that office on or before June 3,

1999. Copies of these petitions are available for inspection at that

address.

Dated: April 26, 1999.

Carol J. Jones,

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

[FR Doc. 99-11154 Filed 5-3-99; 8:45 am]

BILLING CODE 4510-43-U