[Federal Register Volume 62, Number 104 (Friday, May 30, 1997)]
[Notices]
[Pages 29370-29373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14170]


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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 
of the Federal Mine Safety and Health Act of 1977.

1. G & P Contractors, Inc.

[Docket No. M-97-40-C]

    G & P Contractors, Inc., Bryants Store, has filed a petition to 
modify the application of 30 CFR 75.342 (methane monitors) to its 
Stoney Fork No. 2 Mine (I.D. No. 15-17909) located in Knox County, 
Kentucky. The petitioner proposes to use hand-held continuous-duty 
methane and oxygen indicators on permissible three-wheel tractors 
instead of machine-mounted methane monitors. The petitioner asserts 
that this petition is based on the safety of the miners involved.

2. Pine Ridge Coal Company

[Docket No. M-97-41-C]

    Pine Ridge Coal Company, 810 Laidley Tower, P.O. Box 1233, 
Charleston, West Virginia 25324 has filed a petition to modify the 
application of 30 CFR 75.503 (permissible electric face equipment; 
maintenance) to its Robin Hood No. 9 Mine (I.D. No. 46-02143) 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 would cause a diminution of 
safety to the workers. 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. Peabody Coal Company

[Docket No. M-97-42-C]

    Peabody Coal Company, 800 Laidley Tower, P.O. Box 1233, Charleston, 
West Virginia 25324 has filed a petition to modify the application of 
30 CFR

[[Page 29371]]

75.1905(a) (dispensing of diesel fuel) to its Marissa Mine (I.D. No. 
11-02440) located in Washington County, Illinois. The petitioner 
requests a modification of the standard to allow its diesel fueled 
vehicles to be refueled underground from a surface diesel fuel storage 
tank which would allow diesel fuel to be stored and used from the 
surface. The petitioner asserts that the proposed alternative method 
would provide at least the same measure of protection as would the 
mandatory standard.

4. Peabody Coal Company

[Docket No. M-97-43-C]

    Peabody Coal Company, 800 Laidley Tower, P.O. Box 1233, Charleston, 
West Virginia 25324 has filed a petition to modify the application of 
30 CFR 75.503 (permissible electric face equipment; maintenance) to its 
Marissa Mine (I.D. No. 11-02440) located in Washington County, 
Illinois. The petitioner requests that its August 1992 granted petition 
for modification be amended to allow an additional device to be 
permitted instead of a padlock for the purpose of locking battery plugs 
to battery tray receptacles on permissible, mobile, battery powered 
machines. The petitioner proposes to attach a spring-loaded plug 
interlock to the plug receptacle which is permanently attached to the 
battery case. The petitioner states that the spring-loaded plug 
interlock has been designed so that when the battery plugs are secured 
and the spring loaded interlock released, the threaded ring securing 
the battery plugs cannot become loose.

5. Bledsoe Coal Corporation

[Docket No. M-97-44-C]

    Bledsoe Coal Company, 1374 Highway 192 East, London, Kentucky 
40741-3123 has filed a petition to modify the application of 30 CFR 
75.362(d)(2) (on-shift examination) to its Mine No. 4 (I.D. No. 15-
11065) located in Leslie County, Kentucky. The petitioner proposes to 
make methane tests at locations other than at the face during roof 
bolting operations. The petitioner proposes to install a detector on 
each roof bolter that would operate in the working place and attach the 
sensor to the cross arm that connects the Automated Temporary Roof 
Support (ATRS) to the roof bolter instead of using an extendable probe 
to the face. The petitioner asserts that the detector will provide a 
continuous readout visible to the roof bolter operator. The petitioner 
alleges 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.

6. Bledsoe Coal Corporation

[Docket No. M-97-45-C]

    Bledsoe Coal Corporation, 1374 Highway 192 East, London, Kentucky 
40741-3123 has filed a petition to modify the application of 30 CFR 
75.362(d)(2) (on-shift examination) to its Mine No. 60 (I.D. No. 15-
12941) located in Leslie County, Kentucky. The petitioner proposes to 
make methane tests at locations other than at the face during roof 
bolting operations. The petitioner proposes to install a detector on 
each roof bolter that would operate in the working place and attach the 
sensor to the cross arm that connects the Automated Temporary Roof 
Support (ATRS) to the roof bolter instead of using an extendable probe 
to the face. The petitioner asserts that the detector will provide a 
continuous readout visible to the roof bolter operator. The petitioner 
alleges 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.

7. Bledsoe Coal Corporation

[Docket No. M-97-46-C]

    Bledsoe Coal Corporation, 1374 Highway 192 East, London, Kentucky 
40742-3123 has filed a petition to modify the application of 30 CFR 
75.362(d)(2) (on-shift examination) to its Mine No. 66 (I.D. No. 15-
17172) located in Leslie County, Kentucky. The petitioner proposes to 
make methane tests at locations other than at the face during roof 
bolting operations. The petitioner proposes to install a detector on 
each roof bolter that would operate in the working place and attach the 
sensor to the cross arm that connects the Automated Temporary Roof 
Support (ATRS) to the roof bolter instead of using an extendable probe 
to the face. The petitioner asserts that the detector will provide a 
continuous readout visible to the roof bolter operator. The petitioner 
alleges 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.

8. Leeco, Inc.

[Docket No. M-97-47-C]

    Leeco, Inc., 1374 Highway 192 East, London, Kentucky 40741-3132 has 
filed a petition to modify the application of 30 CFR 75.362(d)(2) (on-
shift examination) to its Mine No. 63 (I.D. No. 15-16413) Perry County, 
Kentucky. The petitioner proposes to make methane tests at locations 
other than at the face during roof bolting operations. The petitioner 
proposes to install a detector on each roof bolter that would operate 
in the working place and attach the sensor to the cross arm that 
connects the Automated Temporary Roof Support (ATRS) to the roof bolter 
instead of using an extendable probe to the face. The petitioner 
asserts that the detector will provide a continuous readout visible to 
the roof bolter operator. The petitioner alleges 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. Leeco, Inc.

[Docket No. M-97-48-C]

    Leeco, Inc., 1374 Highway 192 East, London, Kentucky 40741-3132 has 
filed a petition to modify the application of 30 CFR 75.362(d)(2) (on-
shift examination) to its Mine No. 68 (I.D. No. 15-17497) located in 
Perry County, Kentucky. The petitioner proposes to make methane tests 
at locations other than at the face during roof bolting operations. The 
petitioner proposes to install a detector on each roof bolter that 
would operate in the working place and attach the sensor to the cross 
arm that connects the Automated Temporary Roof Support (ATRS) to the 
roof bolter instead of using an extendable probe to the face. The 
petitioner asserts that the detector will provide a continuous readout 
visible to the roof bolter operator. The petitioner alleges 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.

10. Island Creek Coal Company

[Docket No. M-97-49-C]

    Island Creek Coal Company, Consol Plaza, 1800 Washington Road, 
Pittsburgh, Pennsylvania 15241 has filed a petition to modify the 
application of 30 CFR 75.364(b)(4) (weekly examination) to its Ohio No. 
11 Mine (I.D. No. 15-03178) located in Union County, Kentucky. Due to 
deteriorating roof conditions and water accumulations, weekly 
examinations would unnecessarily expose persons

[[Page 29372]]

examining Seal Nos. 1 and 2 to hazardous conditions. The petitioner 
proposes to monitor the water level by a float and if the water level 
goes away indicating a problem with the seal below water, a set of 
contacts will close sounding an alarm in the mine-wide monitoring 
system on the surface; to check the water level each production day; to 
establish two check points to monitor the affected area; to maintain 
these check points in a safe condition; to have a certified person test 
these check points on a weekly basis for methane and the quantity of 
air; and to have the person making the tests place his/her initials, 
date, and time in a record book kept on the surface and made available 
for inspection by interested persons. The petitioner asserts the 
proposed alternative method would provide at least the same measure of 
protection as would the mandatory standard.

11. Canyon Fuel Company, LLC

[Docket No. M-97-50-C]

    Canyon Fuel Company, LLC, 397 South 800 West, Saline, Utah 84654 
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 SUFCO Mine (I.D. No. 42-00089) located in 
Sevier County, Utah. The petitioner proposes to use high-voltage 4,160 
volt cables to supply power to longwall equipment used 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.

12. Peabody Coal Company

[Docket No. M-97-51-C]

    Peabody Coal Company, 800 Laidley Tower, P.O. Box 1233, Charleston, 
West Virginia 25324 has filed a petition to modify the application of 
30 CFR 75.323(b)(1)(I) and (iii) (actions for excessive methane) to its 
Camp No. 1 Mine (I.D. No. 15-02709) located in Union County, Kentucky. 
The petitioner requests a modification of the standard to allow an 
alternative method of reducing the concentration of methane to levels 
below 1.0 percent where the roof bolting machine is working. The 
petitioner proposes to extend the line curtain up to the last row of 
permanent supports; to energize the roof bolting machine and install 
one row of permanent supports; to extend the line curtain and make a 
methane check as each row of supports is installed; and to deenergize 
all equipment in the event that the methane is 1.5 percent. The 
petitioner asserts that modification of the standard would permit the 
methane to be cleared from a working face without exposing the miners 
to the hazards and injuries associated with roof falls while setting 
temporary roof supports. In addition, the petitioner asserts that the 
proposed alternative method would provide at least the same measure of 
protection as would the mandatory standard.

13. Peabody Coal Company

[Docket No. M-97-52-C]

    Peabody Coal Company, 800 Laidley Tower, P.O. Box 1233, Charleston, 
West Virginia 25324 has filed a petition to modify the application of 
30 CFR 75.362(d)(2) (on-shift examination) to its Camp No. 1 Mine (I.D. 
No. 15-02709) located in Union County, Kentucky. The petitioner 
proposes to make a methane test using manual systems or probes at the 
exhaust of the continuous miner scrubber on sections where a continuous 
miner equipped with such a device is in operation. The petitioner 
states that all the air from the face area would be pulled through the 
scrubber duct work, and the atmosphere that is being tested at the face 
would be the same atmosphere that would be tested at the exhaust of the 
scrubber duct. The petitioner asserts that application of the standard 
would diminish the safety of the miners. The petitioner asserts that 
the proposed alternative method would provide at least the same measure 
of protection as would the mandatory standard.

14. Peabody Coal Company

[Docket No. M-97-53-C]

    Peabody Coal Company, 800 Laidley Tower, P.O. Box 1233, Charleston, 
West Virginia 25324 has filed a petition to modify the application of 
30 CFR 75.323(b)(1)(I) and (iii) (actions for excessive methane) to its 
Camp No. 11 Mine (I.D. No. 15-08357) located in Union County, Kentucky. 
The petitioner requests a modification of the standard to allow an 
alternative method of reducing the concentration of methane to levels 
below 1.0 percent where the roof bolting machine is working. The 
petitioner proposes to extend the line curtain up to the last row of 
permanent supports; to energize the roof bolting machine and install 
one row of permanent supports; to extend the line curtain and make a 
methane check as each row of supports is installed; and to deenergize 
all equipment in the event that the methane is 1.5 percent. The 
petitioner asserts that modification of the standard would permit the 
methane to be cleared from a working face without exposing the miners 
to the hazards and injuries associated with roof falls while setting 
temporary roof supports. In addition, the petitioner asserts that the 
proposed alternative method would provide at least the same measure of 
protection as would the mandatory standard.

15. Peabody Coal Company

[Docket No. M-97-54-C]

    Peabody Coal Company, 800 Laidley Tower, P.O. Box 1233, Charleston, 
West Virginia 25324 has filed a petition to modify the application of 
30 CFR 75.362(d)(2) (on-shift examination) to its Camp No. 11 Mine 
(I.D. No. 15-08357) located in Union County, Kentucky. The petitioner 
proposes to make a methane test using a 20-foot extendable probe, and 
in the absence of methane, mining would continue. If methane is 
detected with the probe, the methane level at the face would be 
measured with a longer probe before continuing. The petitioner asserts 
that application of the standard would diminish the safety of the 
miners. In addition, the petitioner asserts that the proposed 
alternative method would provide at least the same protection as would 
the mandatory standard.

16. Pen Coal Corporation

[Docket No. M-97-55-C]

    Pen Coal Corporation, Frank Branch Mining, P.O. Box 200, Dunlow, 
West Virginia 25511 has filed a petition to modify the application of 
30 CFR 75.503 (permissible electric face equipment; maintenance) to its 
Deep Mine No. 4 (I.D. No. 46-08579) located in Wayne County, West 
Virginia. The petitioner proposes to replace a padlock on all 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 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.

17. South Akers Mining Company, LLC

[Docket No. M-97-56-C]

    South Akers Mining Company, LLC, P.O. Box 392, Pikeville, Kentucky 
41502 has filed a petition to modify the application of 30 CFR 75.1710 
(canopies or cabs; electric face equipment) to its Mine No. 2 (I.D. No. 
15-17739) located in Letcher County, Kentucky. The petitioner proposes 
to operate its electric face equipment without canopies because of the 
mining heights.

[[Page 29373]]

The petitioner states that the use of canopies on the equipment would 
be detrimental to the safety of the miners.

18. Headache Coal Company, Inc.

[Docket No. M-97-57-C]

    Headache Coal Company, Inc., P.O. Box 188, 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 Mine 
No. 7 (I.D. No. 15-17708) located in Knox County, Kentucky. The 
petitioner proposes to install two 5-pound or one 10-pound portable 
chemical fire extinguisher in the operator's deck of each Mescher 
tractor and to have the fire extinguisher readily accessible to the 
operator; to have the fire extinguisher inspected daily by the 
equipment operator prior to entering the escapeway; to have the 
operator make daily inspections of the fire extinguisher and keep the 
records at the mine site; and to have a sufficient number of spare fire 
extinguishers maintained at the mine in case an extinguisher becomes 
defective. The petitioner asserts that this petition is based on the 
safety of the miners.

19. Newmont Gold Company

[Docket No. M-97-03-M]

    Newmont Gold Company, P.O. Box 669, Carlin, Nevada 89822 has filed 
a petition to modify the application of 30 CFR 56.14107(a) (moving 
machine parts) to its Genesis Mine (I.D. No. 26-00062) located in 
Eureka County, Nevada. The petitioner proposes to place a sign on its 
Dresser Haulpack 510 Haultrucks to provide additional protection from 
moving parts at the front of the motor in addition to that provided by 
the location of the cited pinch point (Citations Nos. 7704270 and 
7704274) issued April 21, 1997; and to reinforce training of the truck 
drivers to avoid the cited area. The petitioner asserts that placing 
guards on the trucks' undersides would interfere with the trucks' fire 
suppression systems. In addition, the petitioner asserts that 
application of the standard would result in a diminution of safety to 
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 30, 1997. 
Copies of these petitions are available for inspection at that address.

    Dated: May 23, 1997.
Patricia W. Silvey,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 97-14170 Filed 5-29-97; 8:45 am]
BILLING CODE 4510-43-P