Federal Register, Volume 61 Issue 174 (Friday, September 6, 1996)

[Federal Register Volume 61, Number 174 (Friday, September 6, 1996)]
[Notices]
[Pages 47192-47195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22759]


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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. Old Ben Coal Company

[Docket No. M-96-72-C]

    Old Ben Coal Company, 50 Jerome Lane, Fairview Heights, Illinois 
62208 has filed a petition to modify the application of 30 CFR 
75.382(a) (mechanical escape facilities) to its Spartan Mine (I.D. No. 
11-00612) located in Randolph County, Illinois. The petitioner submits 
this modification to requests permission to continue using its existing 
escape facilities in both the material and belt slopes. The petitioner 
asserts that the proposed alternative method would provide at least the 
same measure of protection as would the mandatory standard.

2. Left Fork Mining, Inc.

[Docket No. M-96-73-C]

    Left Fork Mining, Inc., P.O. Box 405, Arjay, Kentucky 40902 has 
filed a petition to modify the application of 30 CFR 75.1103-4 
(automatic fire sensor and warning device system; minimum requirements 
general) to its Straight Creek No. 1 Mine (I.D. No. 15-12564) located 
in Bell County, Kentucky. The petitioner requests a modification of the 
standard to allow the use of one carbon monoxide monitoring device for 
monitoring a belt head and tailpiece when located adjacent to each 
other. The petitioner asserts that the proposed alternative method 
would provide at least the same measure of protection as would the 
mandatory standard.

3. Boone Resources, Inc.

[Docket No. M-96-74-C]

    Boone Resources, Inc., P.O. Box 1005, Alabaster, Alabama 35007 has 
filed a petition to modify the application of 30 CFR 75.1700 (oil and 
gas wells) to its No. 1 Mine (I.D. No. 01-02908) located in Shelby 
County, Alabama. The petitioner proposes to plug and mine through oil 
and gas wells. The petitioner asserts that the proposed alternative 
method would provide at least the same measure of protection as would 
the mandatory standard.

4. Cumberland Resources Corporation

[Docket No. M-96-75-C]

    Cumberland Resources Corporation, 9100 East Mineral Circle, P.O. 
Box 3299, Englewood, Colorado 80155-3299 has filed a petition to modify 
the application of 30 CFR 75.1103-4(a) (automatic fire sensor and 
warning device systems; installation minimum requirements) to its 
Cumberland Mine (I.D. No. 36-05018) located in Greene County, 
Pennsylvania. 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 would provide at least the same 
measure of protection as would the mandatory standard.

5. Franklin Collieries Inc.

[Docket No. M-96-76-C]

    Franklin Collieries, Inc., Box 3875, Route 1498, Bevinsville, 
Kentucky 41606 has filed a petition to modify the application of 30 CFR 
75.342 (methane monitors) to its No. 1 Mine (I.D. No. 15-16667) located 
in Knott County, Kentucky. The petitioner proposes to use hand-held 
continuous-duty methane and oxygen detectors on battery powered scoops 
instead of machine mounted methane monitors. The petitioner states that 
this petition is based on the safety of the miners and not primarily an 
economic advantage or benefit.

6. Daves Branch, Inc.

[Docket No. M-96-77-C]

    Daves Branch, Inc., P.O. Box 249, Stanville, Kentucky 41659 has 
filed a petition to modify the application of 30 CFR 75.342 (methane 
monitors) to its Mine No. 4 (I.D. No. 15-16218) located in Knott 
County, Kentucky. The petitioner proposes to use hand-held methane and 
oxygen detectors on battery powered scoops instead of machine-mounted 
methane monitors. The petitioner states that this petition is based on 
the safety of the miners and not primarily an economic advantage or 
benefit.

7. Daves Branch, Inc.

[Docket No. M-96-78-C]

    Daves Branch, Inc., P.O. Box 249, Stanville, Kentucky 41659 has 
filed a petition to modify the application of 30 CFR 75.342 (methane 
monitors) to its No. 5 Mine (I.D. No. 15-17637) located in Knott 
County, Kentucky. The petitioner proposes to use hand-held continuous-
duty methane and oxygen detectors instead of machine-mounted methane 
monitors on battery powered scoops. The petitioner states that this 
petition is based on the safety of the miners and not primarily an 
economic advantage or benefit.

8. Utah Fuel Company

[Docket No. M-96-79-C]

    Utah Fuel Company, P.O. Box 719, Helper, Utah 84526 has filed a 
petition to modify the application of 30 CFR 75.362(d)(2) (on-shift 
examination) to its Skyline Mine No. 1 (I.D. No. 42-01435) and its 
Skyline Mine No. 3 (I.D. No. 42-01566) both located in Carbon County, 
Utah. The petitioner requests a modification of the standard to permit 
use of a 15-foot extendable probe to measure for methane. The 
petitioner asserts that application of the mandatory safety standard 
would result in a diminution of safety to the miners.

[[Page 47193]]

9. Bledsoe Coal Corporation

[Docket No. M-96-80-C]

    Bledsoe Coal Corporation, 100 Coal Drive, London, Kentucky 40741 
has filed a petition to modify the application of 30 CFR 75.360(b)(5) 
(preshift examination) to its Mine No. 4 (I.D. No. 15-11065) located in 
Leslie County, Kentucky. The petitioner requests a modification of the 
standards to allow the use of a Pyott-Boone mine monitor and control 
system for monitoring each seal along the intake air course, and to 
allow elimination of preshift examinations at seals along the intake 
air course. The petitioner proposes to have an atmospheric monitoring 
system sensor located at each seal along the intake air course that 
would be capable of testing for methane and oxygen deficiency; to 
visually examined the seals on a weekly basis; and to identify the 
sensor and visually examine the seal if a signal from the atmospheric 
monitoring system is activated. The petitioner asserts that the 
proposed alternative method would provide at least the same measure of 
protection as would the mandatory standard.

10. Kiah Creek Mining Company

[Docket No. M-96-81-C]

    Kiah Creek Mining Company, P.O. Box 1409, Pikeville, Kentucky 41502 
has filed a petition to modify the application of 30 CFR 75.364(b)(4) 
(weekly examination) to its No. 8 Mine (I.D. No. 15-17190) located in 
Pike County, Kentucky. Due to deteriorating conditions in the No. 2 and 
3 seals, the area cannot be traveled safely. The petitioner proposes to 
evaluate the area at the toe of the fall to determine the quantity and 
quality of air flowing across the fall and by the seals. The petitioner 
asserts that the proposed alternative method would provide at least the 
same measure of protection as would the mandatory standard.

11. Drummond Company, Inc.

[Docket No. M-96-82-C]

    Drummond Company, Inc., P.O. Box 10246, Birmingham, Alabama 35209 
has filed a petition to modify the application of 30 CFR 75.313 (main 
mine fan stoppage with persons underground) to its Shoal Creek Mine 
(I.D. No. 01-02901) located in Jefferson County, Alabama. The 
petitioner requests a modification of the standard to permit an 
alternative plan when the main mine fans are operating at 80 percent of 
their normal air quantity and pressure in the event that a main mine 
fan stops and ventilation is at least 80 percent restored through the 
auxiliary diesel drive on the stopped fan, and a minimum of 40,000 cfm 
is maintained in the last open crosscut of each continuous miner 
section, and 50,000 cfm in the last open crosscut of each long wall 
section; to hang a curtain in each place where auxiliary ventilation 
was used and have a minimum of 5,000 cfm directed to any working face; 
to withdraw all persons from the mine except for those persons 
responsible for hanging curtains in places where auxiliary fans and 
fire bossing and pumping and, after ventilation is established, 
immediately withdraw those persons assigned to hang curtains; to 
deenergize underground electric power circuits except for those 
necessary to operate the elevator to withdraw persons from the mine and 
those who operate the main sump pumps and permissible submersible 
pumps; and to deenergize the circuits necessary to withdraw persons as 
they are withdrawn. The petitioner asserts that the proposed 
alternative method would provide higher level of safety for the 
workforce and provide a safer mine environment should a power failure 
occur to the main mine fans.

12. G & P Contractors, Inc.

[Docket No. M-96-83-C]

    G & P Contractors, Inc., HC 81, Box 2446, Barbourville, Kentucky 
40906 has filed a petition to modify the application of 30 CFR 75.342 
(methane monitors) to its Engle Hollow No. 1 (I.D. No. 15-17777) 
located in Knox County, Kentucky. The petitioner proposes to use hand-
held continuous-duty methane and oxygen indicators instead of machine-
mounted methane monitors on permissible three-wheel tractors with drag 
bottom buckets. The petitioner states that this petition is based on 
the safety of the miners involved and not primarily an economic 
advantage or benefit.

13. G & P Contractors, Inc.

[Docket No. M-96-84-C]

    G & P Contractors, Inc., HC 81, Box 2446, Barbourville, Kentucky 
40906 has filed a petition to modify the application of 30 CFR 75.342 
(methane monitors) to its Engle Hollow No. 2 mine (I.D. No. 15-17778) 
located in Knox County, Kentucky. The petitioner proposes to use hand-
held continuous-duty methane and oxygen indicators instead of machine-
mounted methane monitors on permissible three-wheel tractors with drag 
bottom buckets. The petitioner states that this petition is based on 
the safety of the miners involved and not primarily an economic 
advantage or benefit.

14. Murriel Don Coal, Inc.

[Docket No. M-96-85-C]

    Murriel Don Coal, Inc., 134 Dixie Building, P.O. Box 3636, 
Pikeville, Kentucky 41852 has filed a petition to modify the 
application of 30 CFR 75.342 (methane monitors) (I.D. No. 15-17511) 
located in Knott County, Kentucky. The petitioner proposes to use hand-
held continuous-duty methane detectors instead of machine-mounted 
methane monitors on permissible DC-powered machines, S & S model 482 
scoops. The petitioner states that this petition is submitted based not 
only from an economic point of view but also from a safety standpoint.

15. Utah Fuel Company

[Docket No. M-96-86-C]

    Utah Fuel Company, P.O. Box 719, Helper, Utah 84526 has filed a 
petition to modify the application of 30 CFR 75.344(a)(2) (compressors) 
to its Skyline No. 1 Mine (I.D. No. 42-01435) and its Skyline No. 3 
Mine (I.D. No. 42-01566) located in Carbon County, Utah. The petitioner 
requests a modification of the standard to permit the use of audible 
and visual alarms to be located at the surface office building where 
assigned persons can respond to the alarms instead of at unmanned 
locations underground. The petitioner asserts that the application of 
the mandatory safety standard would result in a diminution of safety to 
the miners.

16. Utah Fuel Company

[Docket No. M-96-87-C]

    Utah Fuel Company, P.O. Box 719, Helper, Utah has filed a petition 
to modify the application of 30 CFR 75.340(a)(1)(iii) to its Skyline 
No. 1 Mine (I.D. No. 42-01435) and its Skyline No. 3 Mine (I.D. No. 42-
01566) located in Carbon County, Utah. The petitioner requests a 
modification of the standard to permit the use of audible and visual 
alarms to be located at the surface office building where assigned 
persons can respond to the alarms instead of at unmanned locations 
underground. The petitioner asserts that application of the mandatory 
safety standard would result in a diminution of safety to the miners.

17. Stephen Shingara Jr. Coal Company

[Docket No. M-96-88-C]

    Stephen Shingara Jr. Coal Company, R.D. #1, Box 369, Shamokin, 
Pennsylvania 17872 has filed a petition to modify the application of 30 
CFR 75.1400 (hoisting equipment; general) to its No. 1 Slope Mine (I.D. 
No. 36-02280) located in Northumberland County, Pennsylvania. The 
petitioner proposes

[[Page 47194]]

to use a slope conveyance (gunboat) in transporting persons without 
installing safety catches or other no less effective devices, but 
instead use an increased rope strength/safety factor and secondary 
safety rope connection in place of such devices. The petitioner asserts 
that the proposed alternative method would provide at least the same 
measure of protection as would the mandatory standard.

18. Mountain Coal Company

[Docket No. M-96-89-C]

    Mountain Coal Company, P.O. Box 591, Somerset, Colorado 81434 has 
filed a petition to modify the application of 30 CFR 75.1100-2(e)(2) to 
its West Elk Mine (I.D. No. 05-03672) located in Gunnison County, 
Colorado. The petitioner requests a modification of the standard to 
allow the use of either two portable fire extinguishers or one fire 
extinguisher having at least twice the minimum capacity specified in 30 
CFR 75.1100-1(e) at each temporary electrical installation. The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as would the mandatory 
standard.

19. Harlan Cumberland Coal Company

[Docket No. M-96-90-C]

    Harlan Cumberland Coal Company, Grays Knob, Kentucky 40829 has 
filed a petition to modify the application of 30 CFR 75.310(a)(3) 
(installation of main mine fans) to its C-2 Mine (I.D. No. 15-07201) 
located in Harlan County, Kentucky. The petitioner proposes to have a 
person at a location other than at the mine where the fan signal can be 
seen or heard while anyone is underground instead of at a surface 
location at the mine. The petitioner asserts that the proposed 
alternative method would provide at least the same measure of 
protection as would the mandatory standard.

20. Roberts Bros. Coal Company, Inc.

[Docket No. M-96-91-C]

    Roberts Bros. Coal Company, Inc., P.O. Box 397, Mortons Gap, 
Kentucky 42440 has filed a petition to modify the application of 30 CFR 
75.360 (preshift examination) to its Cardinal No. 2 Mine (I.D. No. 15-
17216) located in Hopkins County, Kentucky. The petitioner proposes to 
examine electrical installations ``on-shift'' to insure that the 
electrical installations are examined throughout the shift instead of 
conducting the examinations three hours prior to the oncoming shift. 
The petitioner asserts that the proposed alternative method of on-shift 
examinations would not diminish the safety of the miners.

21. Eastern Mingo Coal Company

[Docket No. M-96-92-C]

    Eastern Mingo Coal Company, P.O. Box 119, Naugatuck, West Virginia 
25685 has filed a petition to modify the application of 30 CFR 75.503 
(18.41)(f) (permissible electric face equipment; maintenance) to its 
Big Branch Mine (I.D. No. 46-05978) located in Mingo 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 accidentally 
disengaging while under load. The petitioner states that application of 
the mandatory safety standard would result in diminution of safety to 
the miners. In addition, petitioner asserts that the proposed 
alternative method would provide at least the same measure of 
protection as would the mandatory standard.

22. Western Mingo Coal Company

[Docket No. M-96-93-C and M-96-94-C]

    Western Mingo Coal Company, P.O. Box 119, Naugatuck, West Virginia 
25685 has filed a petition to modify the application of 30 CFR 
75.503(18.41)(f) to its Northern Mingo No. 1 Mine (I.D. No. 46-08147) 
and its Northern Mingo No. 2 Mine (I.D. No. 46-08369) both located in 
Mingo 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 accidentally disengaging while under load. The 
petitioner states 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.

23. Arch of Illinois

[Docket No. M-96-95-C]

    Arch of Illinois, P.O. Box 308, Percy, Illinois 62272-0308 has 
filed a petition to modify the application of 30 CFR 75.362(d)(1) to 
its Conant Mine (I.D. No. 11-02886) located in Perry County, Illinois. 
The petitioner proposes to use an intrinsically safe atmospheric 
monitoring system (AMS), a Trolex Explosive Gas Sensor Model No. TX3266 
or an equivalent AMS, to test for methane before the equipment is 
energized, and to continuously detect and test for methane at 20-minute 
intervals while the mining equipment is energized in the working face. 
This would eliminate personnel exposure to the potential hazards of the 
face area during the tests. The petitioner states that application of 
the mandatory safety 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.

24. Arch of Illinois

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

    Arch of Illinois, P.O. Box 308, Percy, Illinois 62272-0308 has 
filed a petition to modify the application of 30 CFR 75.331(d)(1) to 
its Conant Mine (I.D. No. 11-02886) located in Perry County, Illinois. 
The petitioner proposes to use a ``blowing'' auxiliary permissible fan 
and tubing with the Archveyor^{TM System to ventilate the wing cut 
face area. The petitioner has outlined in this petition specific 
procedures to be followed when utilizing its alternative method. The 
petitioner states that application of the mandatory safety 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.

25. Arch of Illinois

[Docket No. M-96-97-C]

    Arch of Illinois, P. O. Box 308, Percy, Illinois 62272-0308 has 
filed a petition to modify the application of 30 CFR 75.1107-4(a)(1) to 
its Conant Mine (I.D. No. 11-02886) located in Percy County, Illinois. 
The petitioner proposes to use an operator/technician, the 
Archveyor^{TM mining system's Program Logic Controlled (PLC) 
computer, and the continuous monitoring of the Archveyor^{TM mining 
system while energized, as a fire suppression device, during secondary 
mining. The petitioner proposes to have an operator/technician 
continuously stationed at the system's control cab area while the 
system is in operation to continuously control and monitor the 
Archveyor^{TM mining system. The petitioner has outlined in this 
petition specific procedures to be followed when utilizing its 
alternative method. The petitioner states that application of the 
mandatory safety standard would result in a diminution of safety to the 
miners. In addition, the petitioner asserts that the alternative method 
would provide at least the same measure of protection as would the 
mandatory standard.

[[Page 47195]]

Request for Comments

    Persons interested in these petitions may furnish written comments. 
These comments must be filed with the Office of Standards, Regulations, 
and Variances, Mine Safety and Health Administration, Room 627, 4015 
Wilson Boulevard, Arlington, Virginia 22203. All comments must be 
postmarked or received in that office on or before October 7, 1996. 
Copies of these petitions are available for inspection at that address.

    Dated: August 30, 1996.
Patricia W. Silvey,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 96-22759 Filed 9-5-96; 8:45 am]
BILLING CODE 4510-43-P}}}}