[Federal Register Volume 62, Number 84 (Thursday, May 1, 1997)]
[Notices]
[Pages 23797-23800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11342]


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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. Wilderness Mining Company, Inc.

[Docket No. M-97-17-C]

    Wilderness Mining Company, P.O. Box 459, Lyburn, West Virginia 
25632 has filed a petition to modify the application of 30 CFR 
75.362(d)(2) (on-shift examination) to its Alloy No. 1 Mine (I.D. No. 
46-08007) located in Fayette County, West Virginia. The petitioner 
requests a modification of the standard to allow the use of a methane 
detector with a visible digital readout attached with a magnet to the 
side of the miner ripper head while it is trammed to the face, to 
conduct a methane test in intervals not to exceed 20 minutes during the 
mining of each extended cut; to take a methane test at the completion 
of mining each extended cut to preclude the roof bolter operator from 
having to take a test prior to entering the area; to conduct a methane 
test using a 20 foot extendable probe, from the second row of bolts 
inby prior to any electrical equipment being operated in this working 
place; to have a methane monitor with a digital readout located on 
every roof bolting machine with the sensor head on the ATRS unit and 
set to deenergize when the methane reading is 1.0 percent or more; and 
to conduct a test for methane on the return side of all face line 
curtains at the second row of bolts in areas where the faces are not 
bolted when on-shift examinations are made. The petitioner states that 
application of the mandatory 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.

2. Meadow River Coal Company, Inc.

[Docket No. M-97-18-C]

    Meadow River Coal Company, Inc., P.O. Box 459, Lyburn, West 
Virginia 25632 has filed a petition to modify the application of 30 CFR 
75.362(d)(2) (on-shift examination) to its Meadow River No. 1 Mine 
(I.D. No. 46-03467) located in Fayette County, West Virginia. The 
petitioner requests a modification of the standard to allow the use of 
a methane detector with a visible digital readout attached with a 
magnet to the side of the miner ripper head while it is trammed to the 
face, to conduct a methane test in intervals not to exceed 20 minutes 
during the mining of each extended cut; to take a methane test at the 
completion of mining each extended cut to preclude the roof bolter 
operator from having to take a test prior to entering the area; to 
conduct a methane test using a 20 foot extendable probe from the second 
row of bolts inby prior to any electrical equipment being operated in 
this working place; to have a methane monitor with a digital readout 
located on every roof bolting machine with the sensor head on the ATRS 
unit and set to deenergize when the methane reading is 1.0 percent or 
more; and to conduct a test for methane on the return side of all face 
line curtains at the second row of bolts in areas where the faces are 
not bolted when on-shift examinations are made. The petitioner states 
that application of the mandatory 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.

3. C & H Mining Company

[Docket No. M-97-19-C]

    C & H Mining Company, HC 73, Box 168, Barbourville, Kentucky 40906 
has filed a petition to modify the application of 30 CFR 75.342 
(methane monitors) to its No. 8 Mine (I.D. No. 15-17882) 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. The 
petitioner asserts that this petition is based on the safety of miners.

4. Becky Coal Company, Inc.

[Docket No. M-97-20-C]

    Becky Coal Company, Inc., P.O. Box 171, 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 Blue Gem Mine (I.D. 
No. 15-16247) located in Whitley County, Kentucky. The petitioner 
proposes to install two number five or one number ten portable chemical 
fire extinguisher in the operator's deck of each Mescher tractor 
operated at its mine; to have the fire extinguisher readily accessible 
to the operator; and to have each fire extinguisher inspected daily by 
the equipment operator prior to entering the escapeway and if any 
defects are found replace the extinguisher before entering. The 
petitioner asserts that this petition is based on the safety of the 
miners.

5. D.J.T Coal Company

[Docket No. M-97-21-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 75.901 
(protection of low- and medium-voltage three-phase circuits used 
underground) to its D.J.T Slope (I.D. No. 36-08454) located in 
Schuylkill County, Pennsylvania. The petitioner requests a modification 
of the standard to permit the use of an alternative method of 
compliance for the mines existing 480 volts 3-phase ungrounded Delta 
system providing power to the underground stationary electrical 
equipment instead of installing steel armored or grounded rigid steel 
conduit. The petitioner has outlined in this petition specific 
procedures for implementing its alternative method. In addition, 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-97-22-C]

    Brookside Coal Company, General Delivery, Spring Glen, Pennsylvania 
17978 has filed a petition to modify the application of 30 CFR 75.1405 
(automatic couplers) to its Diamond Vein Slope Mine (I.D. No. 36-08456) 
located in Schuylkill County, Pennsylvania. The petitioner requests a 
modification of the standard to permit the use of bar and pin or link 
and pin

[[Page 23798]]

couplers on its underground haulage equipment. The petitioner asserts 
that the proposed alternative method would provide at least the same 
measure of protection as would the mandatory standard.

7. E & E Fuels

[Docket No. M-97-23-C]

    E & E Fuels, P.O. Box 265, Tremont, Pennsylvania 17981 has filed a 
petition to modify the application of 30 CFR 75.1405 (automatic 
couplers) to its Orchard Slope Mine (I.D. No. 36-08346) located in 
Schuylkill County, Pennsylvania. The petitioner requests a modification 
of the standard to permit the use of bar and pin or link and pin 
couplers on its underground haulage equipment. The petitioner asserts 
that the proposed alternative method would provide at least the same 
measure of protection as would the mandatory standard.

8. RoxCoal Incorporated

[Docket No. M-97-24-C]

    RoxCoal Incorporated, P.O. Box 149, Freudians, Pennsylvania 15541 
has filed a petition to modify the application of 30 CFR 75.362(d)(2) 
(on-shift examination) to its Diamond T B Mine (I.D. No. 36-08223); its 
Diamond T C Mine (I.D. No. 36-08214); and its Longview Mine (I.D. No. 
36-03248) all located in Somerset County, Pennsylvania. The petitioner 
proposes to use a 20 foot probe to make methane tests from the last row 
of permanent roof supports when the roof bolting machine enters a 
working place and to conduct the required twenty minute tests for the 
roof bolter. 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.

9. CONSOL of Kentucky, Inc.

[Docket No. M-97-25-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 75.1101-8 (water sprinkler systems; arrangement 
of sprinklers) to its E3RF Mine (I.D. No. 15-17894) 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, located 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.

10. Kiah Creek Mining Company

[Docket No. M-97-26-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. 14 Mine (I.D. No. 15-16501) located in 
Pike County, Kentucky. Due to a roof fall in front of the No. 3 Seal, 
traveling the area to physically examine the seal would be unsafe. The 
petitioner proposes to check the inby and outby sides of the entry 
daily to determine air quality, quantity, and the percentage of methane 
on each side of the fall in the entry. The petitioner asserts that its 
alternative method would provide a safe procedure without having to 
clean up the fall.

11. Arclar Company

[Docket No. M-97-27-C]

    Arclar Company, 29 West Raymond, P.O. Box 444, Harrisburg, Illinois 
62946 has filed a petition to modify the application of 30 CFR 75.350 
(air courses and belt haulage entries) to its Big Ridge Mine (I.D. No. 
11-02879) located in Saline County, Illinois. The petitioner proposes 
to use intake air from belt haulage entries to ventilate the active 
working places. The petitioner proposes to install and maintain a 
carbon monoxide monitoring system along the beltline. The petitioner 
asserts that the proposed alternative method would provide at least the 
same measure of protection as would the mandatory standard.

12. Maple Meadow Mining Company

[Docket No. M-97-28-C]

    Maple Meadow Mining Company, General Delivery, Fairdale, West 
Virginia 25839 has filed a petition to modify the application of 30 CFR 
75.503 (permissible electric face equipment; maintenance) to its Maple 
Meadow Mine (I.D. No. 46-03374) located in Raleigh 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 states that application of 
the standard would result in a diminution of safety to the miners.

13. Apogee Coal Company d/b/a Arch of Illinois

[Docket No. M-97-29-C]

    Apogee Coal Company d/b/a/ Arch of Illinois, P.O. Box 308, Percy, 
Illinois 62272-0308 has filed a petition to modify the application of 
30 CFR 75.323 (actions for excessive methane) to its Conant Mine (I.D. 
No. 11-02886) located in Perry County, Illinois. Due to the layout of 
the Archveyor system and its corresponding section power 
system, the petitioner proposes to have the section's transformer 
located in the intake air/power entry and maintained at least 300 feet 
away from any type of mining (development or secondary mining/winging). 
The petitioner states that the intake would feed the air to the active 
working face, the gob area, and around the bleeder system. The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as would the mandatory 
standard.

14. Bridger Coal Company

[Docket No. M-97-30-C]

    Bridger Coal Company, P.O. Box 2068, Rock Springs, Wyoming 82902 
has filed a petition to modify the application of 30 CFR 77.1607(n) 
(loading and haulage equipment; operation) to its Bridger Mine (I.D. 
No. 48-00677) located in Sweetwater County, Wyoming. The petitioner 
requests a modification of the standard to allow light and medium duty 
mobile equipment of 50,000 pounds MGVW or less, on which the park brake 
function is a component of the transmission, to be stabilized when left 
unattended: (a) with one set of double chock blocks, connected as a 
single unit, placed around (in front and in back of) one tire of the 
equipment; or (b) setting the brakes. The petitioner states that 
whether chock blocks or brakes are used, the front wheels of the 
equipment would be turned into a bank or berm if parked on a grade. The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as would the mandatory 
standard.

15. Bear Ridge Mining, Inc.

[Docket No. M-97-31-C]

    Bear Ridge Mining, Inc., P.O. Box 255, Tazewell, Virginia 24651 has 
filed a petition to modify the application of 30 CFR 75.1710-1 
(canopies or cabs; self-propelled electric face equipment; installation 
requirements) to its No. 1

[[Page 23799]]

Mine (I.D. No. 44-06227) located in Tazewell County, Virginia. The 
petitioner proposes to operate self-propelled electric face equipment 
without cabs or canopies. The petitioner states that application of the 
standard would result in a diminution of safety to the miners.

16. Eastern Associated Coal Corporation

[Docket No. M-97-32-C]

    Eastern Associated Coal Corporation, 800 Laidley Tower, 500 Lee 
Street, P.O. Box 1233, Charleston, West Virginia 25324 has filed a 
petition to modify the application of 30 CFR 75.350 (air courses and 
belt haulage entries) to its Harris/Rocklick Coal Handling Facility 
(I.D. No. 46-08610) located in Boone County, West Virginia. The 
petitioner proposes to mine using a two-entry system with the conveyor 
haulageway located in the return air course, during development of a 
coal handling facility (tunnel) between two (2) existing preparation 
plants; the Harris Preparation Plant, MSHA I.D. No. 46-03135, WVDEP 0-
72-82; and the Rocklick Preparation Plant, MSHA I.D. No. 46-06448. The 
petitioner proposes to install a carbon monoxide monitoring system as 
an early warning fire detection system in the belt entry and primary 
escapeway of all two-entry developments; and to install sensors in the 
belt entry and primary escapeway near the center and in the upper third 
of the entry in a location where exposure to unsafe situations by 
personnel working on the system would be prevented. The petitioner 
asserts that the proposed alternative method would provide at least the 
same measure of protection as would the mandatory standard.

17. Peabody Coal Company

[Docket No. M-97-33-C]

    Peabody Coal Company, 1214 Marissa Road, Marissa, Illinois 62257 
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 Marissa Mine (I.D. No. 11-02440) located in 
Washington County, Illinois. The petitioner proposes to use high-
voltage trailing cables (2400-volt) inby the last open crosscut at the 
sections where continuous miners are working. The petitioner asserts 
that the proposed alternative method would provide at least the same 
measure of protection as would the mandatory standard.

18. Tanoma Mining Company

[Docket No. M-97-34-C]

    Tanoma Mining Company, 1809 Chestnut Avenue, P.O. Box 25, 
Barnesboro, Pennsylvania 15714 has filed a petition to modify the 
application of 30 CFR 75.326 (now 75.350) (air courses and belt haulage 
entries) to its Tanoma Mine (I.D. No. 36-06967) located in Indiana 
County, Pennsylvania. The petitioner requests that paragraph 1B of 
petition for modification, docket no. M-90-78-C be amended to add the 
following sentence at the end of the paragraph: When pillaring, the 
inby sensor is to be located at least 150 feet but no more than 160 
feet from the inby end of the RFM. The petitioner asserts that the 
proposed alternative method would provide at least the same measure of 
protection as would the mandatory standard.

19. Birdeye Coal Company, Inc.

[Docket No. M-97-35-C]

    Birdeye Coal Company, Inc., HC 66, Box 494, Artemus, Kentucky 40903 
has filed a petition to modify the application of 30 CFR 
75.380(f)(4)(i) (escapeways; bituminous and lignite mines) to its No. 4 
Mine (I.D. No. 15-17676) located in Knox County, Kentucky. The 
petitioner proposes to install two number five or one number ten 
portable chemical fire extinguisher in the operator's deck of each 
Mescher tractor at its mine; to have the fire extinguisher readily 
accessible to the operator; and to have each fire extinguisher 
inspected daily by the equipment operator prior to entering the 
escapeway. If any defects are found, the extinguisher will be replaced 
before entering the escapeway. The petitioner asserts that this 
petition is based on the safety of the miners.

20. Long Branch Energy

[Docket No. M-97-36-C]

    Long Branch Energy, P.O. Box 776, Danville, West Virginia 25053 has 
filed a petition to modify the application of 30 CFR 75.503(18.41)(f) 
(permissible electric face equipment; maintenance) to its No. 22 Mine 
(I.D. No. 46-08583) 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 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. Texas Utilities Mining Company

[Docket No. M-97-37-C]

    Texas Utilities Mining Company, 1601 Bryan Street, Energy Plaza, 
18th Floor, Dallas, Texas 75201 has filed a petition to modify the 
application of 30 CFR 77.807-3 (movement of equipment; minimum distance 
from high-voltage lines) to its Beckville Strip Mine (I.D. No. 41-
02632), and its Tatum Strip Mine (I.D. No. 41-03659) located in Panola 
County, Texas; its Oak Hill Strip Mine (I.D. No. 41-03660) located in 
Rusk County, Texas; its Winfield South Strip Mine (I.D. No. 41-03658), 
and its Winfield North Strip (I.D. No. 41-01900) located in Titus 
County, Texas. The petitioner requests a modification of the standards 
to permit various pieces of equipment to pass under or by the overhead 
high voltage power lines (25,000 volts) used in TUMCO's electric 
railway/catenary system (the ``Electrified Railroad'') with a minimum 
of three feet of clearance between the equipment and the power line. 
The petitioner asserts that the proposed alternative method would 
provide at least the same measure of protection as would the mandatory 
standard.

22. Lion Mining Company

[Docket No. M-97-38-C]

    Lion Mining Company, P.O. Box 209, Jennerstown, Pennsylvania 15547 
has filed a petition to modify the application of 30 CFR 75.362(d)(2) 
(on-shift examination) to its Grove No. 1 Mine (I.D. No. 36-02398) 
located in Somerset County, Pennsylvania. The petitioner proposes to 
use a 20-foot probe to make methane tests from the last row of 
permanent roof supports when the roof bolting machine enters a working 
place and to conduct the required twenty minute tests for the roof 
bolter. The petitioner asserts that the proposed alternative method 
would provide at least the same measure of protection as would the 
mandatory standard.

23. Spruce Fork Coal Company, Inc.

[Docket No. M-97-39-C]

    Spruce Fork Coal Company, Inc., Route 6, Box 543, Buckhannon, West 
Virginia 26201 has filed a petition to modify the application of 30 CFR 
75.503(b)(2) (permissible electric face equipment; maintenance) to its 
Spruce Fork Mine No. 1 (I.D. No. 46-08622) located in Upshur County, 
West Virginia. The petitioner proposes to use a spring loaded locking 
device, instead of padlocks to secure battery plugs to

[[Page 23800]]

machine mounted receptacles, that would prevent the threaded lock ring 
on a plug from turning and becoming loose unintentionally. The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as would the mandatory 
standard.

24. Barrick Goldstrike Mines, Inc.

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

    Barrick Goldstrike Mines, Inc., P.O. Box 29, Elko, Nevada 89803 has 
filed a petition to modify the application of 30 CFR 56.6309(b) (fuel 
oil requirements for ANFO) to its Barrick Goldstrike Mine (I.D. No. 26-
01089) located in Elko County, Nevada. The petitioner requests a 
modification of the standard to allow the use of used crankcase oil 
blended with diesel fuel to prepare ammonium nitrate/fuel oil (ANFO) 
for blasting. The petitioner has listed in this petition specific 
details for using crankcase oil, and steps that would be taken to 
ensure the continued health and safety of the miners.

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 June 2, 1997. Copies 
of these petitions are available for inspection at that address.

    Dated: April 24, 1997.
Patricia W. Silvey,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 97-11342 Filed 4-30-97; 8:45 am]
BILLING CODE 4510-43-P