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. Long Branch Energy

[Docket No. M-1999-121-C]

Long Branch Energy, P.O. Box 776, Danville, West Virginia 25033 has

filed a petition to modify the application of 30 CFR 75.503

(permissible electric face equipment; maintenance) to its #18 Mine

(I.D. No. 46-08305) located in Boone County, West Virginia. The

petitioner proposes to replace a padlock on battery plug connectors on

mobile battery-powered machines with a threaded ring and a spring

loaded device to prevent the plug connector from accidently disengaging

while under load. The petitioner asserts that application of the

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

addition, the petitioner asserts that the

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proposed alternative method will provide at least the same measure of

protection as the mandatory standard.

2. McElroy Coal Company

[Docket No. M-1999-122-C]

McElroy 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)(1) and (2) (weekly examination) to its

McElroy Mine (I.D. No. 46-01437) located in Marshall County, West

Virginia. The petitioner requests a modification of the standard to

permit weekly examinations of designated monitoring stations instead of

traveling and conducting weekly examinations in certain intake and

return entries of the mine. The petitioner states that the area of the

mine affected by this petition is subject to previously granted

petitions, docket numbers M-91-78-C, M-92-142-C, and M-93-007-C, which

established the monitoring stations (``PCS'') to be used instead of

traveling the affected return air courses and granted the district

manager discretion to relocate the PCS. The petitioner requests that

the three existing petitions be withdrawn and consolidated into one

petition. The petitioner proposes to: (i) conduct a weekly examination

at each monitoring station for methane and to verify direction of air

flow; (ii) instruct the person making the examinations and tests to

place his/her initials, the date, and time the monitoring station and

record the results in a book on the surface and made available for

inspection by interested parties; (iii) maintain each monitoring

station in a safe condition at all times; and (iv) have the monitoring

stations shown on the ventilation and part of the approved ventilation

plan. The petitioner asserts that the proposed alternative method will

provide at least the same measure of protection as the mandatory

standard.

3. Blue Mountain Energy, Inc.

[Docket No. M-1999-123-C]

Blue Mountain Energy, Inc., 3607 County Road #65, Rangely, Colorado

81648 has filed a petition to modify the application of 30 CFR

75.500(d) (permissible electric equipment) to its Deserado Mine (I.D.

No. 05-03505) located in Rio Blanco County, Colorado. The petitioner

requests a modification of the standard to permit the use of low-

voltage and nonpermissible diagnostic equipment within 150 feet of

pillar workings in its continuous miners development sections. The

petitioner proposes to use the nonpermissible electronic testing or

diagnostic equipment in or by 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.

4. Independence Coal Company, Inc.

[Docket No. M-1999-124-C]

Independence Coal Company, Inc., HC 78 Box 1800, Madison, West

Virginia 25130 has filed a petition to modify the application of 30 CFR

75.350 (air courses and belt haulage entries) to its Justice No. 1 Mine

(I.D. No. 46-07273) located in Boone County, West Virginia. The

petitioner proposes to use belt air to ventilate active working places.

The petitioner proposes to install a low-level carbon monoxide

detection system as an early warning fire detection system in all belt

entries used as intake air courses. The petitioner asserts that the

proposed alternative method will provide at least the same measure of

protection as the mandatory standard.

5. Genwal Resources, Inc.

[Docket No. M-1999-125-C]

Genwal Resources, Inc., P.O. Box 1420, 195 North 100 West,

Huntington, Utah 84528 has filed a petition to modify the application

of 30 CFR 75.350 (air courses and belt haulage entries) to its Crandall

Canyon Mine (I.D. No. 42-01715) located in Emery County, Utah. The

petitioner requests that some of the language in the Decision and Order

(D&O) for its previously granted petition, docket number M-96-71-C, be

amended because the petitioner states that certain product availability

for the exhaust systems have become limited and require an extensive

lead time and to replace these products at frequent intervals would be

substantially costly since durability is limited in the mining

atmosphere. The petitioner proposes that diesel equipment include a

means to prevent spray from ruptured fuel and oil lines from being

ignited by contact with engine exhaust systems. The petitioner asserts

that the proposed alternative method will provide at least the same

measure of protection as the granted D&O and will not result in a

diminution of safety provided by the existing standard.

6. Mingo Logan Coal Company

[Docket No. M-1999-126-C]

Mingo Logan Coal Company, 1000 Mingo Logan Avenue, Wharncliffe,

West Virginia 25651 has filed a petition to modify the application of

30 CFR 75.1002 (location of feeder wires, trolley feeder wires, high-

voltage cables and transformers) to its Mountaineer Alma-A Mine (I.D.

No. 46-08730) located in Mingo County, West Virginia. The petitioner

proposes to use a high-voltage cable within 150 feet of pillar workings

to power a 2400 VAC longwall mining machine. 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 January 18,

2000. Copies of these petitions are available for inspection at that

address.

Dated: December 9, 1999

Carol J. Jones

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

[FR Doc. 99-32747 Filed 12-16-99; 8:45 am]

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