[Federal Register Volume 61, Number 234 (Wednesday, December 4, 1996)]
[Notices]
[Pages 64372-64374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30895]


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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. Mountain Coal Company

[Docket No. M-96-104-C]

    Mountain Coal Company, P.O. Box 591, Somerset, Colorado 81434 has 
filed a petition to modify the application of 30 CFR to its West Elk 
Mine (I.D. No. 05-03672) located in Gunnison County, Colorado. The 
petitioner proposes to use 1,100 feet of 2/0, type SHD-GC cable on 
continuous miners, 1,000 feet of #2, type GC cable on roof bolters, and 
1,000 feet of #2, type SHD-GC cable on auxiliary face fans. The 
petitioner states that the maximum circuit breaker instantaneous 
settings for the cables would be 1,500 amperes, 800 amperes and 800 
amperes respectively. The petitioner asserts that the proposed 
alternative method would provide at least the same measure of 
protection as would the mandatory standard.

2. Consol Pennsylvania Coal Company

[Docket No. M-96-124-C]

    Consol Pennsylvania Coal Company, Consol Plaza, 1800 Washington 
Road, Pittsburgh, Pennsylvania 15241-1421 has filed a petition to 
modify the application of 30 CFR 75.313(c)(1) (main mine fan stoppage 
with persons underground) to its Enlow Fork Mine (I.D. No. 36-07416) 
located in Greene County, Pennsylvania. The petitioner proposes to 
evacuate miners if ventilation is not restored within 15 minutes after 
a main mine fan stops; to have certified mine examiners remain in the 
mine or enter the mine to conduct an examination after the fan has 
operated for at least 15 minutes when the fan is restarted and 
ventilation is restored; and to have the miners involved in the 
examination evacuate to the surface until the examination is complete. 
The petitioner asserts that the proposed alternative method would 
provide at least the same measure of protection as would the mandatory 
standard.

3. Cannelton Industries, Inc.

[Docket No. M-96-125-C]

    Cannelton Industries, Inc., 101 Washington Street, E, Charleston, 
West Virginia 25301 has filed a petition to modify the application of 
30 CFR 75.362(d)(2) (on-shift examination) to its Mine No. 140 (I.D. 
No. 46-08502) located in Kanawha County, West Virginia. The petitioner 
proposes to use an extendable 20-foot probe to take methane tests. The 
petitioner has outlined in this petition specific procedures to be 
followed when using its alternative method. The petitioner states that 
application of the 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 be the 
mandatory standard.

4. Cannelton Industries, Inc.

[Docket No. M-96-126-C]

    Cannelton Industries, Inc., 101 Washington Street, E, Charleston, 
West Virginia 25301 has filed petition to modify the application of 30 
CFR 75.362(d)(2) (on-shift examination) to its Stockton Mine (Portal 
No. 1 and No. 130) (I.D. No. 46-06051) located in Kanawha County, West 
Virginia. The petitioner proposes to use an extendable 20-foot probe to 
take methane tests. The petitioner has outlined in this petition 
specific procedures to be followed when using its alternative method. 
The petitioner states that application of the 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.

5. Martin County Coal Corporation

[Docket No. M-96-127-C]

    Martin County Coal Corporation, P.O. Box 5002, Inez, Kentucky 41224 
has filed a petition to modify the application of 30 CFR 75.310(a)(2) 
(installation of main mine fans) to its Pegasus Mine (I.D. No. 15-
17330), 1-C Mine (I.D. No. 15-03752), White Cabin Number One Mine (I.D. 
No. 15-17531), White Cabin Number Two Mine (I.D. No. 15-17787), Pilgrim 
Mine Number Three (I.D. No. 15-17359), and its Voyager Mine Number Two 
(I.D. No. 15-17639) all located in Martin County, Kentucky. The 
petitioner proposes to implement an audible or visual warning system 
using technological redundancies to assure that a main mine fan signal 
attracts the attention of a responsible person on mining property 
instead of having a person stationed near the main mine fan; and to 
have a system that would immediately warn persons underground of a fan 
stoppage or slow down. The petitioner asserts that the proposed 
alternative method would provide at least the same measure of 
protection as would the mandatory standard.

6. Harman Mining Corporation

[Docket No. M-96-128-C]

    Harman Mining Corporation, P.O. Box 260, Maxie, Virginia 24628 has 
filed a petition to modify the application of 30 CFR 75.364(a)(1) 
(weekly examination) to its 1-A Mine (I.D. No. 44-06500) located in 
Buchanan County, Virginia. Due to deterioration of roof and ribs 
conditions, traveling certain areas of the intake air course would be 
unsafe. The petitioner proposes to establish and maintain two 
ventilation check points that would be examined each shift by a 
certified person to be sure that the air is traveling in its proper 
direction; to record the quantity of air, methane, and oxygen readings; 
to have adequately supported roof in the area where traveling to the 
check points; to have the examiner record the date, time, and their 
initials on a date board and made available to interested parties. The 
petitioner states that application of the 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.

7. Straight Creek Mining, Inc.

[Docket No. M-96-129-C]

    Straight Creek Mining, Inc., Box 191, Clairfield, Tennessee 37715 
has filed a petition to modify the application of 30 CFR 75.360(a)(1) 
(preshift examination) to its Mine No. 1 (I.D. No. 40-02353) located in 
Clairborne County, Tennessee. The petitioner proposes to make a 
preshift examination within 2\1/2\ hours prior to the shift starting 
and continue the working shift for 8\1/2\ hours without an additional 
preshift examination. The petitioner asserts that the proposed 
alternative method would enhance the safety of the miners.

8. Yellow Creek Corporation

[Docket No. M-96-130-C]

    Yellow Creek Corporation, P.O. Box 198, Corbin, Kentucky 40702 has 
filed a petition to modify the application of 30 CFR 75.380(f)(4)(i) 
(escapeways; bituminous and lignite mines) to its No.

[[Page 64373]]

2 Mine (I.D. No. 15-16510) located in Whitley County, Kentucky. The 
petitioner proposes to install two five pound or one ten pound portable 
chemical fire extinguisher in the operator deck of each Mescher Tractor 
operated at the mine; to have the fire extinguisher readily accessible 
to the operator; to have the equipment operator inspect each fire 
extinguisher daily and keep records of the inspections; and to replace 
the fire extinguisher if found to be defective. The petitioner asserts 
that the proposed alternative method is based on the safety of the 
miners involved at the mine.

9. Hut Coal Company, Inc.

[Docket No. M-96-131-C]

    Hut Coal Company, Inc., P.O. Box 194, Siler, Kentucky 40763 has 
filed a petition to modify the application of 30 CFR 75.380(f)(4)(i) 
(escapeways; bituminous and lignite mines) to its No. 1 Mine (I.D. No. 
15-17126) located in Whitley County, Kentucky. The petitioner proposes 
to install two five pound or one ten pound portable chemical fire 
extinguisher in the operator deck of each Mescher Tractor operated at 
the mine; to have the fire extinguisher readily accessible to the 
operator; to have the equipment operator inspect each fire extinguisher 
daily and keep records of the inspections; and to replace the fire 
extinguisher if found to be defective. The petitioner asserts that the 
proposed alternative method is based on the safety of the miners 
involved at the mine.

10. Canfield Energy, Inc.

[Docket No. M-96-132-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 No. 3 
Mine (I.D. No. 15-14730) located in Knox County, Kentucky. The 
petitioner proposes to install two five pound or one ten pound portable 
chemical fire extinguisher in the operator deck of each Mescher Tractor 
operated at the mine; to have the fire extinguisher readily accessible 
to the operator; to have the equipment operator inspect each fire 
extinguisher daily and keep records of the inspections; and to maintain 
a sufficient number of fire extinguishers at the mine in case a 
defective fire extinguisher needs to be replaced. The petitioner 
asserts that the proposed alternative method is based on the safety of 
the miners involved at the mine.

11. Summit Anthracite, Inc.

[Docket No. M-96-133-C]

    Summit Anthracite, Inc., RD #1, Box 12-A, Klingerstown, 
Pennsylvania 17941 has filed a petition to modify the application of 30 
CFR 75.340 (underground electrical installations) to its Tracey Vein 
Slope (I.D. No. 36-07328) located in Schuylkill County, Pennsylvania. 
The petitioner requests a modification of the standards to permit 
battery charging of the mine's locomotive during idle periods when all 
miners are out of the mine; and to permit the intake air used to 
ventilate the charging station located at the No. 1 Chute of the active 
gangway level to continue through its normal route to the last open 
crosscut and into the monkey airway (return). The petitioner asserts 
that the proposed alternative method would provide at least the same 
measure of protection as would the mandatory standard.

12. Canfield Energy, Inc.

[Docket No. M-96-134-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) (escapeway; bituminous and lignite mines) to its No. 4 
Mine (I.D. No. 15-17716) located in Knox County, Kentucky. The 
petitioner proposes to install two five pound or one ten pound portable 
chemical fire extinguisher in the operator deck of each Mescher Tractor 
operated in the primary escapeway at the mine; to have the fire 
extinguisher readily accessible to the operator; to have the equipment 
operator inspect each fire extinguisher daily and keep records of the 
inspections; and to maintain a sufficient number of fire extinguishers 
at the mine in case a defective fire extinguisher needs to be replaced. 
The petitioner asserts that the proposed alternative method is based on 
the safety of the miners involved at the mine.

13. D.J.T. Coal Company

[Docket No. M-96-135-C]

    D.J.T. Coal Company, R.D. #4, Box 358-d, Pine Grove, Pennsylvania 
17963 has filed a petition to modify the application of 30 CFR 75.1202-
1(a) (temporary notations, revisions, and supplements) to its D.J.T. 
Slope (I.D. No. 36-08454) located in Schuylkill County, Pennsylvania. 
The petitioner proposes to revise and supplement mine maps annually 
instead of every 6 months, as required, and to update maps daily by 
hand notations. The petitioner asserts that the proposed alternative 
method would provide at least the same measure of protection as would 
the mandatory standard.

14. D.J.T. Coal Company

[Docket No. M-96-136-C]

    D.J.T. Coal Company, R.D. #4, Box 358-d, Pine Grove, Pennsylvania 
17963 has filed a petition to modify the application of 30 CFR 75.1200 
(d) and (i) (mine maps) to its D.J.T. Slope (I.D. No. 36-08454) located 
in Schuylkill County, Pennsylvania. The petitioner proposes to use 
cross-sections instead of contour lines through the intake slope, at 
locations of rock tunnel connections between veins, and at 1,000-foot 
intervals of advance from the intake slope; and to limit the required 
mapping of the mine workings above and below to those present within 
100 feet of the veins being mined except when veins are interconnected 
to other veins beyond the 100-foot limit through rock tunnels. The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as would the mandatory 
standard.

15. D.J.T. Coal Company

[Docket No. M-96-137-C]

    D.J.T. Coal Company, R.D. #4, Box 358-d, Pine Grove, Pennsylvania 
17963 has filed a petition to modify the application of 30 CFR 
75.364(b)(1) (weekly examination) to its D.J.T. Slope (I.D. No. 36-
08454) located in Schuylkill County, Pennsylvania. Due to hazardous 
conditions and roof falls, certain areas of the intake haulage slope 
and primary escapeway cannot be traveled safely. The petitioner 
proposes to examine the areas from the gunboat/slope car with an 
alternative air quality evaluation at the section's intake level, and 
travel and throughly examine these areas for hazardous conditions once 
a month. The petitioner asserts that the proposed alternative method 
would provide at least the same measure of protection as would the 
mandatory standard.

16. D.J.T. Coal Company

[Docket No. M-96-138-C]

    D.J.T. Coal Company, R.D. #4, Box 358-d, Pine Grove, Pennsylvania 
17963 has filed a petition to modify the application of 30 CFR 75.1100-
2 (quantity and location of firefighting equipment) to its D.J.T. Slope 
(I.D. No. 36-08454) located in Schuylkill County, Pennsylvania. The 
petitioner proposes to use only portable fire extinguishers to replace 
existing requirements where rock dust, water cars and other water 
storage are not practical. The petitioner asserts that the proposed 
alternative

[[Page 64374]]

method would provide at least the same measure of protection as would 
the mandatory standard.

17. D.J.T. Coal Company

[Docket No. M-96-139-C]

    D.J.T. Coal Company, R.D. #4, Box 358-d, Pine Grove, Pennsylvania 
17963 has filed a petition to modify the application of 30 CFR 75.360 
(preshift examination) to its D.J.T. Slope (I.D. No. 36-08454) located 
in Schuylkill County, Pennsylvania. The petitioner proposes to visually 
examine each seal for physical damage from the slope gunboat during the 
preshift examination after an air quantity reading is taken in by the 
intake portal and to test for the quantity and quality of air at the 
intake air split locations off the slope in the gangway portion of the 
working sections. The petitioner proposes to physically examine the 
entire length of the slope once a month. The petitioner asserts that 
the proposed alternative method would provide at least the same measure 
of protection as would the mandatory standard.

18. Drummond Company, Inc.

[Docket No. M-96-140-C]

    Drummond Company, Inc., P.O. Box 10246, Birmingham, Alabama 35202 
has filed a petition to modify the application of 30 CFR 75.1100-2(e) 
(quantity and location of firefighting equipment) to its Shoal Creek 
Mine (I.D. No. 01-02901) located in Jefferson County, Alabama. The 
petitioner proposes to use two portable fire extinguishers at 
electrical installations instead of a fire extinguisher and 240 pounds 
of rock dust. The petitioner asserts that the proposed alternative 
method would provide at least the same measure of protection as would 
the mandatory standard.

19. U.S. Steel Mining Company

[Docket No. M-96-141-C]

    U.S. Steel Mining Company, P.O. Box 2200, Bessemer, Alabama 35021 
has filed a petition to modify the application of 30 CFR 77.201 
(methane content in surface installations) to its Concord Preparation 
Plant (I.D. No. 01-00329) located in Jefferson County, Alabama. The 
petitioner proposes to use a closed granular coal handling system at 
its preparation plant that consists of a series of mechanical flight 
conveyors that are installed in a closed system and not accessible 
during operation, to transport coal from a thermal dryer to a closed 
400-ton storage bin, and then loaded into pressure-differential 
railroad cars; to install an atmospheric monitoring system that uses an 
aspirating system that samples for various gases at three locations 
within the coal handling system at all times during operation; to have 
the monitoring system designed so that a warning would be provided at a 
manned location whenever the system is operating and designed to 
initiate certain actions when certain levels of gas is detected within 
the closed system; and to purge the system by injecting nitrogen in 
order to keep the levels of oxygen within the system at acceptable 
levels. The petitioner has outlined in this petition specific 
procedures to be followed when using the proposed alternative method. 
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.

20. Amax Coal Company

[Docket No. M-96-142-C]

    Amax Coal Company, P.O. Box 144, Keensburg, Illinois 62852 has 
filed a petition to modify the application of 30 CFR 75.362(d)(2) (on-
shift examination) to its Wabash Mine (I.D. No. 11-00877) located in 
Wabash County, Illinois. The petitioner proposes to use an extendable 
20-foot probe to take methane tests. The petitioner has outlined in 
this petition specific procedures to be followed when using its 
alternative method. The petitioner states that application of the 
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.

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 January 3, 1997. 
Copies of these petitions are available for inspection at that address.

    Dated: November 26, 1996.
Patricia W. Silvey,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 96-30895 Filed 12-3-96; 8:45 am]
BILLING CODE 4510-43-P