[Federal Register Volume 62, Number 49 (Thursday, March 13, 1997)]
[Notices]
[Pages 11925-11928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6372]


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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. Clark Elkhorn Mining Company

[Docket No. M-96-204-C]

    Clark Elkhorn Mining Company, P.O. Box 2805, Pikeville, Kentucky 
41502 has filed a petition to modify the application of 30 CFR 75.308 
(boreholes in advance of mining) to its Ratliff Mine No. 111 (I.D. No. 
15-17776) located in Pike County, Kentucky. The petitioner requests a 
waiver of the mandatory standard to allow borehole drilling at 
distances greater than 50 feet from the Hopkins Creek Coal Company's 
Mine No. 1 (I.D. No. 15-11602). 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.

2. Brookside Coal Company

[Docket No. M-96-205-C]

    Brookside Coal Company, Box 64, Spring Glen, Pennsylvania 17978 has 
filed a petition to modify the application of 30 CFR 75.1200 (d) & (i) 
(mine maps) to its Diamond Slope (I.D. No. 36-08456) 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.

3. Brookside Coal Company

[Docket No. M-96-206-C]

    Brookside Coal Company, Box 64, Spring Glen, Pennsylvania 17978 has 
filed a petition to modify the application of 30 CFR 75.360 (preshift 
examination) to its Diamond Slope (I.D. No. 36-08456) 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 inby 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 
workings. 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.

4. Brookside Coal Company

[Docket No. M-96-207-C]

    Brookside Coal Company, Box 64, Spring Glen, Pennsylvania 17978 has 
filed a petition to modify the application of 30 CFR 75.364(b)(1), (4) 
and (5) (weekly examination) to its Diamond Slope (I.D. No. 36-08456) 
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.

5. Brookside Coal Company

[Docket No. M-96-208-C]

    Brookside Coal Company, Box 64, Spring Glen, Pennsylvania 17978 has 
filed a petition to modify the application of 30 CFR 75.1002-1 
(location of other electrical equipment; requirements for 
permissibility) to its Diamond Slope (I.D. No. 36-08456) located in 
Schuylkill County, Pennsylvania. The petitioner requests a modification 
of the standard to permit use of non-permissible electric equipment 
within 150 feet of the pillar line due in part to the method of mining 
used in pitching anthracite mines. As an alternative, the petitioner 
proposes to evaluate the mine air quality for methane on an hourly 
basis during operation and record one of the gas test results in the 
on-shift examination record. The petitioner also proposes to suspend 
equipment operation anytime the methane concentration at the equipment 
reaches 0.5 percent or when found during a preshift examination. The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as would the mandatory 
standard.

6. Brookside Coal Company

[Docket No. M-96-209-C]

    Brookside Coal Company, Box 64, Spring Glen, Pennsylvania 17978 has 
filed a petition to modify the application of 30 CFR 75.1100 (quantity 
and location of firefighting equipment) to its Diamond Slope (I.D. No. 
36-08456) 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 
method would provide at least the same measure of protection as would 
the mandatory standard.

7. Brookside Coal Company

[Docket No. M-96-210-C]

    Brookside Coal Company, Box 64, Spring Glen, Pennsylvania 17978 has 
filed a petition to modify the

[[Page 11926]]

application of 30 CFR 75.1201-1(a) (temporary notations, revisions, and 
supplements) to its Diamond Slope (I.D. No. 36-08456) 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.

8. Brookside Coal Company

[Docket No. M-96-211-C]

    Brookside Coal Company, Box 64, Spring Glen, Pennsylvania 17978 has 
filed a petition to modify the application of 30 CFR 75.335 
(construction of seals) to its Diamond Slope (I.D. No. 36-08456) 
located in Schuylkill County, Pennsylvania. The petitioner requests a 
modification of the standard to permit alternative methods of 
construction of seals using wooden materials of moderate size and 
weight due to the difficulty in accessing previously driven headings 
and breasts containing inaccessible abandoned workings; to accept a 
design criteria in the 10 psi range; and to permit the water trap to be 
installed in the gangway seal and sampling tube in the monkey seal for 
seals installed in pairs. The petitioner asserts that the proposed 
alternative method would provide at least the same measure of 
protection as would the mandatory standard.

9. Consolidation Coal Company

[Docket No. M-97-01-C]

    Consolidation Coal Company, Consol Plaza, 1800 Washington Road, 
Pittsburgh, Pennsylvania 15241-1421 has filed a petition to modify the 
application of 30 CFR 75.1002 (location of trolley wires, trolley 
feeder wires, high-voltage cables and transformers) to its Shoemaker 
Mine (I.D. No. 46-01436) located in Marshall County, West Virginia. The 
petitioner proposes to use high-voltage (4,160 volt) cables inby the 
last open crosscut. The petitioner asserts that the proposed 
alternative method would provide at least the same measure of 
protection as would the mandatory standard.

10. Eastern Associated Coal Corporation

[Docket No. M-97-02-C]

    Eastern Associated Coal Corporation, 800 Laidley Tower, P.O. Box 
1233, Charleston, West Virginia 25324 has filed a petition to modify 
the application of 30 CFR 75.364 (weekly examination) to its Federal 
No. 2 Mine (I.D. No. 46-01456) located in Monongalia County, West 
Virginia. The petitioner requests amendments to its previously granted 
petition for modification (Docket No. M-92-120-C) which was filed to 
allow checkpoints instead of examining portions of the mine that were 
inaccessible due to adverse roof conditions. The petitioner states that 
a portion of the mine has been sealed thus eliminating the need for 
certain checkpoints; that checkpoints 3, 4, 7, and 8 are now behind 
seals and therefore are no longer necessary; and that checkpoints 5 and 
6 that were used to evaluate a return air course from 2 West Mains will 
be eliminated due to rehabilitation and ventilation changes in the seal 
project which is now being examined as required. The petitioner asserts 
that the proposed alternative method would provide at least the same 
measure of protection as would the mandatory standard.

11. CONSOL of Kentucky, Inc.

[Docket No. M-97-03-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 75.1101 (water sprinkler systems; arrangement of 
sprinklers) to its Jones Fork 13A-H4 Mine (I.D. No. 15-17885) located 
in Knott County, Kentucky. The petitioner proposes to use a single 
overhead pipe system with 1/2-inch orifice automatic sprinklers located 
on 10-foot centers, to cover 50 feet of fire-resistant belt or 150 feet 
of non-fire resistant belt, with actuation temperatures between 200 and 
230 degrees Fahrenheit and with water pressure equal to or greater than 
10 psi; and to have the sprinklers located not more than 10 feet apart 
so that the discharge of water will extend over the belt drive, belt 
take-up, electrical control, and gear reducing unit. The petitioner 
asserts that the proposed alternative method would provide at least the 
same measure of protection as would the mandatory standard.

12. Marrowbone Development Company

[Docket No. M-97-04-C]

    Marrowbone Development Company, P.O. Box 119, Naugatuck, West 
Virginia 25685 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 Big Branch Mine (I.D. No. 46-05978) 
located in Mingo County, West Virginia. The petitioner proposes to use 
(2,300 volt) a.c. electricity to power continuous mining equipment. The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as would the mandatory 
standard.

13. Powderhorn Coal Company

[Docket No. M-97-05-C]

    Powderhorn Coal Company, 701 Market Street, Suite 700, St. Louis, 
Missouri 63101-1826 has filed a petition to modify the application of 
30 CFR 75.350 (air courses and belt haulage entries) to its Roadside 
Mine (I.D. No. 05-03012) located in Mesa County, Colorado. The 
petitioner requests a modification of the standard to permit the use of 
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 
would provide at least the same measure of protection as would the 
mandatory standard.

14. Philippi Development, Inc.

[Docket No. M-97-06-C]

    Philippi Development, Inc., Route 3 Box 146, Philippi, West 
Virginia 26416 has filed a petition to modify the application of 30 CFR 
75.364(b)(2) (weekly examination) to its Sentinel Mine (I.D. No. 46-
04168) located in Barbour County, West Virginia. The petitioner 
proposes to establish an inlet evaluation point along with an outlet 
evaluation point at which every seven days a certified person would 
measure methane and oxygen concentrations, air quantity, make tests to 
determine if the air is moving in its proper direction and record the 
results in a book provided on the surface. The petitioner asserts that 
the proposed alternative method would provide at least the same measure 
of protection as would the mandatory standard.

15. Laurel Coal Company

[Docket No. M-97-07-C and M-97-08-C]

    Laurel Coal Company, P.O. Box 780, Danville, West Virginia 25053 
has filed a petition to modify the application of 30 CFR 75.503 
(permissible electric face equipment; maintenance) to its 7A Mine (I.D. 
No. 46-08566), and its Coalburg 9A Mine (I.D. No. 46-08002) both 
located in Logan 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

[[Page 11927]]

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

16. K & L Coal Company

[Docket No. M-97-09-C]

    K & L Coal Company, Box 266, R.D. #1, Shamokin, Pennsylvania 17872 
has filed a petition to modify the application of 30 CFR 75.1100-2 
(quantity and location of firefighting equipment) to its No. 10 Slope 
(I.D. No. 36-06649) located in Northumberland 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 method would provide at least the same measure of 
protection as would the mandatory standard.

17. White Oak Mining & Construction Company, Inc.

[Docket No. M-97-10-C]

    White Oak Mining & Construction Company, Inc., Scofield P.O. Box 
60, Helper, Utah 84526 has filed a petition to modify the application 
of 30 CFR 75.362(d)(2) (on-shift examination) to its White Oak No. 2 
Mine (I.D. No. 42-01280) located in Carbon County, Utah. The petitioner 
proposes to make tests for methane at least two rows of roof bolts 
outby the last complete row of permanent supports. 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.

18. Consol Pennsylvania Coal Company

[Docket No. M-97-11-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 75.503 (permissible electric face 
equipment; maintenance) to its Bailey Mine (I.D. No. 36-07230) located 
in Greene County, Pennsylvania. The petitioner requests a modification 
of the standard to permit the maximum lengths of the loading machine, 
roof bolter, and section ventilation fan trailing cables supplying 
equipment from 480-volt alternating current systems to be increased to 
800 feet. The petitioner asserts that the proposed alternative method 
would provide at least the same measure of protection as would the 
mandatory standard.

19. Paramont Coal Corporation

[Docket No. M-97-12-C]

    Paramont Coal Corporation, P.O. Box 7, Dante, Virginia 24237 has 
filed a petition to modify the application of 30 CFR 77.214(a) (refuse 
piles; general) to its Deep Mine 24 (I.D. No. 44-06802) located in Wise 
County, Virginia. The petitioner proposes to backfill the existing 
highwall with scalp rock in an area containing abandoned mine openings. 
The petitioner has outlined in this petition specific methods to be 
used for sealing the mine openings. The petitioner asserts that the 
proposed alternative method would provide at least the same measure of 
protection as would the mandatory standard.

20. Cannelton Industries, Inc.

[Docket No. M-97-13-C]

    Cannelton Industries, Inc., One Oxford Centre, 301 Grant Street, 
20th Floor, Pittsburgh, Pennsylvania 15219-1410 has filed a petition to 
modify the application of 30 CFR 75.362(d)(2) (on-shift examinations) 
to its Mine No. 145 (I.D. No. 46-08592) located in Kanawha County, West 
Virginia. The petitioner proposes to take methane tests at the face 
from under permanent roof support, or when such test is not appropriate 
because the last row of permanent support is sufficiently back from the 
face, using a probe with a maximum extension of 20 feet in working 
places before a continuous miner is taken in the place or energized; to 
take methane tests at the next to last row of permanent roof supports 
every two minutes and use a 20 foot probe to check for methane and if 
the methane is less than 1.0 percent mining will begin again, and if 
the methane is not less than 1.0 percent, adjustments in ventilation 
would be made until it is reduced below 1.0 percent in working places 
where continuous miners are operating. 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.

21. Genwal Resources, Inc.

[Docket No. M-97-14-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 75.1002 (location of trolley wires, trolley feeder wires, 
high-voltage cables and transformers) to its Crandall Canyon Mine (I.D. 
No. 42-01715) located in Emery County, Utah. The petitioner proposes to 
use high-voltage (2400 volts) operated equipment inby the last open 
crosscut at the working longwall sections. The petitioner states that 
application of the standard would result in 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.

22. Mettiki Coal Corporation

[Docket No. M-97-15-C]

    Mettiki Coal Corporation, 293 Table Rock Road, Oakland, Maryland 
21550 has filed a petition to modify the application of 30 CFR 75.352 
(return air courses) to its Mettiki Mine (I.D. No. 18-00621) located in 
Garrett County, Maryland. The petitioner requests a modification of the 
standard to permit two-entry development of the headgate for the No. 25 
Longwall panel; and to permit belt entries to be used for ventilation 
purposes, using specific requirements outlined in granted petition 30 
CFR 75.326 (now 30 CFR 75.350) Docket No. M-90-41-C, while developing 
the two-entry system. The petitioner proposes to install low-level 
carbon monoxide sensors as an early warning fire-detection system in 
the intake escapeway entry and in the belt entry at specific locations 
outlined in this petition. The petitioner asserts that the proposed 
alternative method would provide at least the same measure of 
protection as would the mandatory standard.

23. Cyprus Cumberland Resources Corporation

[Docket No. M-97-16-C]

    Cyprus Cumberland 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 75.312 (c) & (d) (main 
mine fans examinations and records) to its Cumberland Mine (I.D. No. 
36-05018) located in Greene County, Pennsylvania. The petitioner 
requests a modification to permit persons other than those specified in 
the mandatory standard to enter and work underground on the shift that 
monthly fan examinations are being conducted and notify all persons 
prior to the start of the shift that fan examinations are going to be 
made and give them access to the mine communications system; and to 
have the person conducting the inspection contact the anchorman on the 
surface

[[Page 11928]]

and inform him that fan tests are about to begin at each fan location. 
The petitioner asserts that the proposed alternative method would 
provide at least the same measure of protection as would the mandatory 
standard.

24. The Rosebud Mining Company LLC

[Docket No. M-97-01-M]

    The Rosebud Mining Company LLC, P.O. Box, Winnemucca, Nevada 89446 
has filed a petition to modify the application of 30 CFR 57.9300(a) 
(berms or guardrails) to its Rosebud Unit Mine (I.D. No. 26-02241) 
located in Humboldt County, Nevada. The petitioner proposes to place 
posts along the edges of the roadway in order to better delineate the 
edge of the road. The petitioner states that installation of berms 
would reduce the amount of roadway and diminish safety by increasing 
the possibility of accidental collisions. The petitioner states 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 April 14, 1997. 
Copies of these petitions are available for inspection at that address.

    Dated: March 6, 1997.
Patricia W. Silvey,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 97-6372 Filed 3-12-97; 8:45 am]
BILLING CODE 4510-43-P