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.

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. Clark Elkhorn Coal Company

[Docket No. M-1999-084-c]

Clark Elkhorn Coal Company, P.O. Box 2805, Pikeville, Kentucky

41502 has filed a petition to modify the application of 30 CFR 75.503

(permissible electric face equipment; maintenance) to its Ratliff

Underground Mine (I.D. No. 15-16763) located in Pike County, Kentucky.

The petitioner proposes to use a spring loaded locking device to secure

battery plugs into the machine mounted battery receptacle on mobile

battery powered equipment instead of using padlocks. The petitioner

asserts that application of the mandatory standard will result in a

diminution of safety to the miners. In addition, the petitioner asserts

that the proposed alternative method will provide at least the same

measure of protection as the mandatory standard.

2. Matrix Coal Company

[Docket No. M-1999-085-C]

Matrix Coal Company, P.O. Box 2805, Pikeville, Kentucky 41502 has

filed a petition to modify the application of 30 CFR 75.503

(permissible electric face equipment; maintenance) to its Mohawk

Underground Mine (I.D. No. 15-18085) located in Pike County, Kentucky.

The petitioner proposes to use a spring loaded locking device to secure

battery plugs into the machine mounted battery receptacle on mobile

battery powered equipment instead of using padlocks. The petitioner

asserts that application of the mandatory standard will result in a

diminution of safety to the miners. In addition, the petitioner asserts

that the proposed alternative method will provide at least the same

measure of protection as the mandatory standard.

3. Remington Coal Company, Inc.

[Docket No. M-1999-086-C]

Remington Coal Company, 430 Harper Park Drive, Suite A, Beckley,

West Virginia 25801 has filed a petition to modify the application of

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

Stockburg No. 1 Mine (I.D. No. 46-08634) located in Kanawha County,

West Virginia. The petitioner proposes to use a spring loaded locking

device to secure battery plugs into machine mounted receptacle on

mobile battery powered equipment instead of using padlocks. The

petitioner asserts that application of the mandatory standard will

result in a diminution of safety to the miners.

4. Goodin Creek Contracting, Inc.

[Docket No. M-1999-087-C]

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

40734 has

[[Page 57662]]

filed a petition to modify the application of 30 CFR 75.380(f)(4)

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

(I.D. No. 15-17980) located in Knox County, Kentucky. The petitioner

proposes to install two ten pound portable chemical fire extinguishers

in the operators' deck of each Mescher tractor. The fire extinguisher

will be readily accessible to the operator. The petitioner proposes to

instruct the equipment operator to inspect each fire extinguisher daily

prior to entering the escapeway, maintain records of the inspections,

and maintain a sufficient number of spare fire extinguishers at the

mine in case a fire extinguisher becomes defective. The petitioner

asserts that because of the low 24-inch heights of the coal being

mined, available fire suppression systems will not fit on the equipment

being used. The petitioner further asserts that application of the

mandatory standard will result in a diminution of safety to the miners.

In addition, the petitioner asserts that the proposed alternative

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

mandatory standard.

5. Canfield Energy, Inc.

[Docket No. M-1999-088-C]

Canfield Energy, Inc., P.O. Box 1021, Barbourville, Kentucky 40906

has filed a petition to modify the application of 30 CFR

75.380(f)(4)(i) (escapeways; bituminous and lignite mines) to its # 5

Mine (I.D. No. 15-18176) located in Knox County, Kentucky. The

petitioner proposes to install two ten pound portable chemical fire

extinguishers in the operators' deck of each Mescher tractor. The fire

extinguisher will be readily accessible to the operator. The petitioner

proposes to instruct the equipment operator to inspect each fire

extinguisher daily prior to entering the escapeway, maintain records of

the inspections, and maintain a sufficient number of spare fire

extinguishers at the mine in case a fire extinguisher becomes

defective. The petitioner asserts that the proposed alternative method

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

standard.

6. Canfield Energy, Inc.

[Docket No. M-1999-089-C]

Canfield Energy, Inc., P.O. Box 1021, Barbourville, Kentucky 40906

has filed a petition to modify the application of 30 CFR 75.342

(methane monitors) to its #5 Mine (I.D. No. 15-18176) located in Knox

County, Kentucky. The petitioner proposes to use a hand-held

continuous-duty methane and oxygen detector instead of machine-mounted

methane monitors on three-wheel tractors. The petitioner asserts that

the proposed alternative method will provide at least the same measure

of protection as the mandatory standard.

7. Canterbury Coal Company

[Docket No. M-1999-090-C]

Canterbury Coal Company, R.D. #1, Box 119A, Avonmore, Pennsylvania

15618 has filed a petition to modify the application of 30 CFR 75.350

(air courses and belt haulage entries) to its DiAnne Mine (I.D. No. 36-

05708) located in Armstrong County, Pennsylvania. The petitioner

proposes to use belt air to ventilate a working section(s). The

petitioner proposes to install a carbon monoxide monitoring system as a

fire detection system in all belt entries where air coursed through the

belt entry is used to ventilate active working places. The petitioner

asserts that the proposed alternative method will provide at least the

same measure of protection as the mandatory standard.

8. Mallie Coal Company

[Docket No. M-1999-091-C]

Mallie Coal Company, Rt. 1, Box 173, Woodbine, Kentucky 40771 has

filed a petition to modify the application of 30 CFR 75.342 (methane

monitors) to its Mine No. 4 (I.D. No. 15-17603) located in Knox County,

Kentucky. The petitioner proposes to use a hand-held continuous-duty

methane and oxygen detector instead of machine-mounted methane monitors

on three-wheel tractors. The petitioner asserts that application of the

existing standard will diminish the safety of the miners and the

proposed alternative method will provide at least the same measure of

protection as the mandatory standard.

9. Marfork Coal Company, Inc.

[Docket No. M-1999-092-C]

Marfork Coal Company, Inc., P.O. Box 457, Whitesville, West

Virginia 25209 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 Brushy Eagle Mine (I.D. No. 46-08315)

located in Raleigh County, West Virginia. The petitioner proposes to

use 4,160 volt longwall face equipment utilizing the specific terms and

conditions listed in this petition for modification. The petitioner

asserts that the proposed alternative method will provide at least the

same measure of protection as the mandatory standard.

10. RAG Empire Corporation

[Docket No. M-1999-093-C]

RAG Empire Corporation, One Oxford Centre, 301 Grant Street, 20th

Floor, Pittsburgh, Pennsylvania 15219-1410 has filed a petition to

modify the application of 30 CFR 75.507 (power connection points) to

its Eagle No. 5 Mine (I.D. No. 05-01370) located in Moffat County,

Colorado. The petitioner requests a modification of the mandatory

standard to permit the use of a 480-volt non-permissible pump in

boreholes in sealed areas of the Eagle No. 5 Mine. The petitioner

asserts that the proposed alternative method will provide at least the

same measure of protection as the mandatory standard.

11. RAG Empire Corporation

[Docket No. M-1999-094-C]

RAG Empire Corporation, One Oxford Centre, 301 Grant Street, 20th

Floor, Pittsburgh, Pennsylvania 15219-1410 has filed a petition to

modify the application of 30 CFR 75.902 (low- and medium-voltage ground

check monitor circuits) to its Eagle No. 5 Mine (I.D. No. 05-01370)

located in Moffat County, Colorado. The petitioner requests a

modification of the mandatory standard to permit the use of 480-volt

non-permissible submersible pumps in boreholes into sealed areas at the

1 North areas of the Eagle No. 5 Mine. The petitioner asserts that the

proposed alternative method will provide at least the same measure of

protection as the mandatory standard.

12. Wabash Mine Holding Company

[Docket No. M-1999-095-C]

Wabash Mine Holding Company, One Oxford Centre, 301 Grant Street,

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

modify the application of 30 CFR 75.332(a)(2) (working sections and

working places) to its Wabash Mine (I.D. No. 11-00877) located in

Wabash County, Illinois. The petitioner requests a modification of the

mandatory standard to permit the use of two continuous miners within

the same split air. The petitioner proposes to have one continuous

miner cleanup the working face previously mined, while the other

continuous miner on the super section starts to cut and load coal from

another working face on the same working section, on the same split of

air. The petitioner asserts that the proposed alternative method will

provide at least the same measure of protection as the mandatory

standard.

[[Page 57663]]

13. Canyon Fuel Company, LLC

[Docket No. M-1999-096-C]

Company Fuel Company, LLC, P.O. Box 1029, Wellington, Utah 84542

has filed a petition to modify the application of 30 CFR 75.1002

(location of trolley) to its Dugout Canyon Mine (I.D. No. 42-01890)

located in Carbon County, Utah. The petitioner proposes to use a

nominal voltage of longwall power circuits not to exceed 2,400 volts to

supply power to permissible longwall mining equipment. The petitioner

states that application of the mandatory standard will prevent a

diminution of safety to the miners resulting from the application of

the existing standard. In addition, the petitioner asserts that the

proposed alternative method will provide at least the same measure of

protection as the mandatory standard.

14. Drummond Company, Inc.

[Docket No. M-1999-097-C]

Drummond Company, Inc., P.O. Box 10246, Birmingham, Alabama 35202-

0246 has filed a petition to modify the application of 30 CFR

75.1909(b)(6) (nonpermissible diesel-powered equipment; design and

performance requirements) to its Shoal Creek Mine (I.D. No. 01-02901)

located in Jefferson County, Alabama. The petitioner requests a

variance from the mandatory standard to permit the use of its diesel

grader without individual service brakes on all grader wheels. The

petitioner proposes to (i) equip the grader with service brakes on each

drive wheel and stationary emergency brakes; (ii) limit the tramming

speed of the grader to 10 miles per hour; and (iii) train grader

operators to check the function of the brakes during pre-operational

checks and if required, train the operators to lower the grader blade

to the ground as an additional braking mechanism and while the machine

is parked. The petitioner states that all grader operators will be

trained during refresher training and on all provisions of its proposed

alternative method. The petitioner asserts that the proposed

alternative method will provide at least the same measure of protection

as the mandatory standard.

15. Canyon Fuel Company, LLC

[Docket No. M-1999-098-C]

Canyon Fuel Company, LLC, HC 35 Box 380, Helper, Utah 84526 has

filed a petition to modify the application of 30 CFR 75.500

(permissible electric equipment) to its Skyline Mine No. 3 (I.D. No.

42-01566) located in Carbon County, Utah. The petitioner requests a

modification of the mandatory standard to permit the use of a

nonpermissible hand-held battery powered drill in areas inby the last

open crosscut. The petitioner asserts that the proposed alternative

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

mandatory standard.

16. J & A Coal Corporation

[Docket No. M-1999-099-C]

J & A Coal Corporation, P.O. Box 848, Prestonburg, Kentucky 41653

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

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

(I.D. No. 15-15776) located in Knott County, Kentucky. The petitioner

proposes to use a spring loaded locking device to secure battery plugs

into machine mounted receptacle on mobile battery powered equipment

instead of using padlocks. The petitioner states that application of

the mandatory standard will result in a diminution of safety to the

miners affected.

17. Bowie Resources Limited

[Docket No. M-1999-100-C]

Bowie Resources Limited, P.O. Box 483, Paonia, Colorado 81428 has

filed a petition to modify the application of 30 CFR 75.1909(b)(6)

(nonpermissible diesel-powered equipment; design and performance

requirements) to its Bowie No. 2 Mine (I.D. No.05-04591) located in

Delta County, Colorado. The petitioner proposes to install brakes on

the front wheels of six wheeled road graders in its Bowie No. 2 Mine.

The petitioner asserts that the proposed alternative method will

provide at least the same measure of protection as the mandatory

standard.

18. RAG Emerald Resources Corporation

[Docket No. M-1999-101-C]

RAG Emerald Resources Corporation, One Oxford Centre, 301 Grant

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

petition to modify the application of 30 CFR 75.1002 (location of

trolley wires, trolley feeder wires, high-voltage cables and

transformers) to its Emerald Mine (I.D. No. 36-05466) located in Greene

County, Pennsylvania. The petitioner requests that certain provisions

be eliminated from its previously granted high-voltage longwall

petition, docket number M-95-37-C. The petitioner proposes to use 4,160

high-voltage longwall equipment. The petitioner asserts that the

proposed alternative method will provide at least the same measure of

protection as the mandatory standard.

19. Nehemiah Coal Company, Inc.

[Docket No. M-1999-102-C]

Nehemiah Coal Company, Inc., 644 Callahan Avenue, P.O. Box 466,

Appalachia, Virginia 24216 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 #1 (I.D. No. 44-06871) located in

Wise County, Virginia. The petitioner proposes to operate face

equipment without canopies. The petitioner asserts that using canopies

in the low mining height present at the mine will result in a

diminution of safety to the miners affected by the existing standard.

20. CONSOL of Kentucky, Inc.

[Docket No. M-1999-103-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 Mousie H4 Mine (I.D. No.

15-18166) located in Knott County, Kentucky. The petitioner proposes to

obtain a low- and medium voltage, three-phase, alternating current for

use underground from a portable diesel-driven generator and to connect

the neutral of the generator's transformer secondary through a suitable

resistor to the frame of the diesel generator. The petitioner states

that the frame of the diesel generator will not have solid connection

to a borehole casing, a metal waterline, or a grounding conductor with

a low resistance to earth. The petitioner asserts that the proposed

alternative method will provide at least the same measure of protection

as the mandatory standard.

21. Wayne Processing, Inc.

[Docket No. M-1999-104-C]

Wayne Processing, Inc., Rt. 3, Box 144, Philippi, West Virginia

26416 has filed a petition to modify the application of 30 CFR

75.380(d)(3) (Escapeways; bituminous and lignite mines) to its Sentinel

Mine (I.D. No. 46-014168) located in Barbour County, West Virginia. The

petitioner proposes to use a mechnical device to travel across the #2

Miner Section belt undercast, where the escapeway height is less that

that required by the standard. The undercast is used as a secondary

escapeway. The petitioner proposes to post signs on both sides of the

undercast indicating low clearance area. The petitioner states that the

mechanical device will enable miners including disabled miners to

escape quickly in an emergency, and allow a

[[Page 57664]]

worker to sit down or be provided with a stretcher and pulled across

the undercast to either the inby or outby ends. The petitioner asserts

that the proposed alternative method will provide at least the same

measure of protection as the mandatory standard.

22. Alex Energy, Inc.

[Docket No. M-1999-105-C]

Alex Energy, Inc., P.O. Box 857, Summersville, West Virginia 26651

has filed a petition to modify the application of 30 CFR 75.1700 (oil

and gas wells) to its Jerry Fork Eagle Mine (I.D. No. 46-08787) located

in Nicholas County, West Virginia. The petitioner proposes to plug and

mine through oil and gas wells and to notify the District Manager or

designee prior to mining within 300 feet of the well. The petitioner

asserts that the proposed alternative method will provide at least the

same measure of protection as 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 26,

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

address.

Dated: October 18, 1999.

Carol J. Jones,

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

[FR Doc. 99-27855 Filed 10-25-99; 8:45 am]

BILLING CODE 4510-43-P