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. Island Creek Coal Company

[Docket No. M-1999-022-C]

Island Creek Coal Company, Consol Plaza, 1800 Washington Road,

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

application of 30 CFR 75.364(b)(2) (weekly examination) to its Ohio No.

11 Mine (I.D. No.15-03178) located in Union County, Kentucky. The

petitioner states that due to a massive roof fall along the 2nd South

Panel return in the #5 entry, including but limited to crosscut 15, the

affected area cannot be traveled safely in its entirety to conduct

weekly examinations. The petitioner proposes to: (i) Establish

evaluation points on the side of the roof fall at crosscut 15; (ii)

have a qualified person test for methane and the quantity of air at

each evaluation point on a weekly basis; and (iii) have the person

conducting the test record the results, date, time, and his/her

initials in a record book kept on the surface and made available for

inspection by interested persons. The petitioner asserts that the

proposed alternative method would provide at least the same measure of

protection as would the mandatory standard.

2. Consolidation Coal Company

[Docket No. M-1999-023-C]

Consolidation Coal Company, Consol Plaza, 1800 Washington Road,

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

application of 30 CFR 75.364(b)(2) (weekly examination) to its Rend

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

The petitioner states that due to a massive roof fall in the West side

return from the B shaft to the Second Main West return air course, the

area cannot be traveled safely in its entirety to conduct weekly

examinations. The petitioner proposes to: (i) Establish evaluation

points A and B to take air and gas measurements; (ii) to maintain the

evaluation points and all approaches to the evaluation points in good

condition at all times; (iii) have a certified person test for methane

and the quantity of air on a weekly basis and record the results, date,

time, and his/her initials in a book kept on the surface and made

available for inspection by interested persons. The petitioner asserts

that the proposed alternative method would provide at least the same

measure of protection as would the mandatory standard.

3. Goodin Creek Contracting, Inc.

[Docket No. M-1999-024-C]

Goodin Creek Contracting, Inc., Rt 1 Box 419-A1, Gray, Kentucky

40734 has filed a petition to modify the application of 30 CFR

75.364(b)(2) (weekly examination) to its Goodin Creek Mine (I.D. No.

15-17980) located in Knox County, Kentucky. The petitioner states that

due to unsafe roof conditions in certain areas of the return air

course, traveling the area to conduct examinations would be unsafe. The

petitioner proposes to establish monitoring locations in each entry at

crosscut 2 in the return to monitor air leaving the affected area of

the air course and in each entry at crosscut 16 in the return to

monitor air entering the affected area of the air course. The

petitioner also proposes to: (i) Have a certified person conduct weekly

evaluations at each of the monitoring locations to measure the quality

and quantity of air entering and leaving the locations to determine

methane and oxygen concentrations; (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) maintain all monitoring locations and approaches to the

monitoring locations in a safe condition at all times; (iv) post a sign

in the main travelway showing the safe travel route to each monitoring

location; (v) maintain methane gas or other harmful, noxious, or

poisonous gases at legal limits for return air; (vi) instruct all

personnel not to travel in the affected area prior to implementing the

proposed alternate method; and (vii) only permit entry to the affected

area for investigating significant problems with the air flow being

detected through the monitoring process. The petitioner asserts that

the proposed alternative method would provide at least the same measure

of protection as would the mandatory standard.

[[Page 25518]]

4. Eighty-Four Mining Company

[Docket No. M-1999-025-C]

Eighty-Four Mining Company, Consol Plaza, 1800 Washington Road,

Pittsburgh, Pennsylvania 15241 has filed a petition to modify the

application of 30 CFR 75.503 (permissible electric face equipment;

maintenance) to its Mine 84 (I.D. No. 36-00958) located in Washington

County, Pennsylvania. The petitioner proposes to increase the maximum

lengths of the trailing cables to 900 feet for the mining machine,

loading machine, shuttle car, roof bolter, and section ventilation fan.

The petitioner has listed specific terms and conditions in this

petition for use and maintenance of these trailing cables. The

petitioner states that the trailing cables would not be smaller than #4

A.W.G. for the section ventilation fan, roof bolting machine, and

shuttle cars, smaller than #2 A.W.G for the loading machine, or smaller

than #2/0 A.W.G for the continuous mining machine. The petitioner

asserts that the proposed alternative method would provide at least the

same measure of protection as would the mandatory standard.

5. West Ridge Resources, Inc.

[Docket No. M-1999-026-C]

West Ridge Resources, Inc., P.O. Box 902, Price, Utah 84501 has

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

courses and belt haulage entries) to its West Ridge Mine (I.D. No. 42-

02233) located in Carbon County, Utah. The petitioner requests a

modification of the mandatory standard to allow the use of two-entry

longwall development and to use the belt entry as a return air course

during longwall development, and as an intake during longwall

extraction to ensure an adequate quantity of ventilation to dilute and

render harmless methane or other noxious gases that may accumulate. 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. Eastern Associated Coal Corporation

[Docket No. M-1999-027-C]

Eastern Associated Coal Corporation, P.O. Box 1990, Henderson,

Kentucky 42420 has filed a petition to modify the application of 30 CFR

75.360(a)(1) (preshift examination) to its Matewan Tunnel (I.D. No. 46-

08610) located in Boone County, West Virginia. The petitioner proposes

to use an alternative method for preshift examinations. The petitioner

proposes to: (i) have a certified person examine the tunnel three hours

prior to the beginning of the work week (Sunday night) and on an eight-

hour interval during the work week at 8:00 a.m., 4:00 p.m., and 12:00

a.m.; (ii) have a three-man crew leave and enter the tunnel after the

initial examination each week, as needed, on their shift which is 12:00

a.m., 8:00 a.m., and 4:00 p.m.; (iii) have the supervisor conduct an

on-shift examination in the tunnel during his/her travels and note any

problems for prompt correction; and (iv) withdraw the three-man crew

from the tunnel and fireboss the tunnel in its entirety before power is

restored underground prior to the crew returning underground if the

fire bossing schedule is interrupted. The petitioner asserts that the

proposed alternative method would provide at least the same measure of

protection as would the mandatory standard.

7. Peabody Coal Company

[Docket No. M-1999-028-C]

Peabody Coal Company, P.O. Box 1990, Henderson, Kentucky 42419 has

filed a petition to modify the application of 30 CFR 75.364(b)(4)

(weekly examination) to its Camp No. 11 Mine (I.D. No. 15-08357)

located in Union County, Kentucky. The petitioner proposes to establish

evaluation points to monitor its bleeder system due to hazardous

conditions that hinder continued travel to conduct examinations. The

petitioner proposes to (i) conduct daily examinations at various

evaluation points; (ii) have a certified person check for methane and

oxygen concentrations and the volume of air and record the results in a

book maintained on the surface of the mine; and (iii) continuously

monitor methane concentrations at Bleeder Fan #2, and Bleeder Fan #3

using a Conspec Mine Monitoring System that would be manned around the

clock and set to activate an alarm if methane levels are greater than

2.0 percent. The petitioner asserts that the proposed alternative

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

the mandatory standard.

8. Eastern Associated Coal Corporation

[Docket No. M-1999-029-C]

Eastern Associated Coal Corporation, P.O. Box 1990, Henderson,

Kentucky 42420 has filed a petition to modify the application of 30 CFR

75.1106-2(c) (transportation of liquefied and nonliquefied compressed

gas cylinders; requirements) to its Harris No. 1 Mine (I.D. No. 46-

01271) located in Boone County, West Virginia. The petitioner proposes

an alternative method for storage and transportation of compressed gas

cylinders. The petitioner proposes to: (i) House the compressed

cylinders in a specially designed compartment that is part of a

specialized tool car used by the track crew; (ii) have each cylinder

encased in a metal housing lined with insulating material equivalent to

a Schedule 80 pipe and encapsulated within a metal box made of \1/4\-

inch metal; (iii) design storage bays to lay 15 degrees downward from

the opening to prevent the cylinders from falling out of the bays and

install a strap across the openings to prevent the cylinders from being

dislodged; and (iv) install fire extinguishers in the tool car. The

petitioner states that the cylinder bay would be isolated from the man

compartment by the material storage compartment and tool box for the

outby end, and workers would be provided with necessary tools,

supplies, and a vehicle readily at the worksite for transporting

injured miners. The petitioner asserts that application of the existing

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.

9. Ziegler Chemical and Mineral Corporation

[Docket No. M-1999-003-M]

Ziegler Chemical and Mineral Corporation, 121 West Main Street,

Vernal, Utah 84078 has filed a petition to modify the application of 30

CFR 57.19003 (driving mechanism connections) to its Bonanza Mines #3,

#8, #11, and #12; Cowboy Mines #1, and #2 ; Independent Mines #3, #5,

#6, and #7; Neal Mine #1; and Tom Taylor Mine #3 (I.D. No. 42-00876)

all located in Uintah County, Utah. The petitioner requests that

condition 7 of its previously granted petition, docket number M-81-72-

M, be amended to allow a 75 horsepower electric motor with a speed of

885 RPM on the hoist instead of 50 horsepower and a motor speed of 1130

RPM. 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

[[Page 25519]]

and Health Administration, 4015 Wilson Boulevard, Room 627, Arlington,

Virginia 22203. All comments must be postmarked or received in that

office on or before June 11, 1999. Copies of these petitions are

available for inspection at that address.

Dated: May 4, 1999

Carol J. Jones,

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

[FR Doc. 99-12028 Filed 5-11-99; 8:45 am]

BILLING CODE 4510-43-P