[Federal Register Volume 62, Number 231 (Tuesday, December 2, 1997)]
[Notices]
[Pages 63727-63729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31580]


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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-97-117-C]

    Mountain Coal Company, P.O. Box 591, Somerset, Colorado 81434 has 
filed a petition to modify the application of 30 CFR 75.1906(e) and (f) 
(transport of diesel fuel) to its West Elk Mine (I.D. No. 05-03672) 
located in Gunnison County, Colorado. The petitioner proposes to use 
1700 gallons of diesel fuel that would be transported at one time on a 
diesel fuel transportation unit with the tank permanently fixed to the 
unit, with a total capacity no greater than 1700 gallons of diesel 
fuel. The petitioner asserts that the proposed alternative method would 
provide at least the same measure of protection as would the mandatory 
standard.

2. Arch of Kentucky

[Docket No. M-97-118-C]

    Arch of Kentucky, P.O. Box 787, Lynch, Kentucky 40855 has filed a 
petition to modify the application of 30 CFR 75.360(b)(9) (preshift 
examination) to its 37 Mine (I.D. No. 15-04670) located in Harlan 
County, Kentucky. The petitioner requests a variance for three 
different isolated locations involving dewatering pumps and the 
associated electrics located at the 95 and 96 Crosscuts--Main Track 
Heading, the 150 Crosscut--Main Track Heading, and the 34 Crosscut L-
14. The petitioner proposes to have the electrical installations 
ventilated by a separate intake split of air that would be ventilated 
directly into the return where no employees regularly work in the 
vicinity or by the electrical installations; to install a carbon 
monoxide detection sensor at each location that would be monitored at 
all times while employees are underground and to implement the preshift 
requirement in the event the carbon monoxide system becomes 
inoperative, until the system is repaired; and to inspect the 
electrical installations for hazardous conditions on a weekly basis. 
The petitioner states that the excessive travel to the three locations 
specified in this petition would result in a diminution of safety 
because the fireboss is traveling alone each shift for long distances 
to remote areas of the mine.

3. The Pittsburg & Midway Coal Mining Company

[Docket No. M-97-119-C]

    The Pittsburg & Midway Coal Mining Company, P.O. Box 6518, 
Englewood, Colorado 80155-6518 has filed a petition to modify the 
application of 30 CFR 75.503 (permissible electric face equipment; 
maintenance) to its Sebree #1 Mine (I.D. No. 15-17044) located in 
Webster County, Kentucky. The petitioner requests a variance to allow 
the use of a spring-loaded device with specific fastening 
characteristics with its fastening configuration to secure plugs and 
electrical-type connectors to batteries and to the permissible mobile-
powered equipment, which the batteries serve, instead of using a 
padlock. The petitioner asserts that the proposed alternative method 
would provide at least the same measure of protection as would the 
mandatory standard.

4. Island Creek Coal Company

[Docket No. M-97-120-C]

    Island Creek Coal Company, Consol Plaza, 1800 Washington Road, 
Pittsburgh, Pennsylvania 15241-1421 has filed a petition to modify the 
application of 30 CFR 75.1905-1(g) (diesel fuel piping system) to its 
Ohio No. 11 Mine (I.D. No. 15-03178) located in Union County, Kentucky. 
The petitioner requests a variance to permit the transportation of 
diesel fuel from a surface diesel fuel oil storage tank directly into 
the fuel tank of individual units of underground diesel equipment. The 
petitioner has listed specific procedures in this petition for 
implementing its alternative method of transporting fuel from the 
surface to underground diesel equipment. The petitioner asserts that 
the proposed alternative method would provide at least the same measure 
of protection as would the mandatory standard.

5. Consol of Kentucky, Inc.

[Docket No. M-97-121-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 Ridge No. 8 Mine (I.D. No. 15-17972) located in 
Floyd County, Kentucky. The petitioner requests a variance to permit 
the use of a single line of automatic sprinklers for its fire 
protection system on main and secondary belt conveyors. 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

[[Page 63728]]

of fire-resistant belt or 150 feet of non-fire resistant belt, with 
actuation temperatures between 200 to 230 degrees Fahrenheit, and with 
water pressure equal to or greater than 10 psi; to locate the 
sprinklers 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; to conduct a test using the specific procedures 
outlined in this petition during the installation of each new system, 
during any subsequent repair or replacement of any critical part, and 
annually to ensure proper operation. The petitioner asserts that the 
proposed alternative method would provide at least the same measure of 
protection as would the mandatory standard.

6. Consolidation Coal Company

[Docket No. M-97-122-C]

    Consolidation Coal Company, Consol Plaza, 1800 Washington Road, 
Pittsburgh, Pennsylvania 15241-1421 has filed a petition to modify the 
application of 30 CFR 75.380(f)(4) (escapeways; bituminous and lignite 
mines) to its Blacksville No. 2 Mine (I.D. No. 46-01968), Humphrey No. 
7 Mine (I.D. No. 46-01453), and Loveridge No. 22 Mine (I.D. No. 46-
01433) all located in Monongalia County, West Virginia; to its Dilworth 
Mine (I.D. No. 36-04281) located in Greene County, Pennsylvania; and 
its Robinson Run No. 95 Mine (I.D. No. 46-01318) located in Harrison 
County, West Virginia. The petitioner proposes to use fire resistant 
hydraulic fluid instead of fire suppression on mobile equipment 
operated in the primary escapeway. The petitioner proposes to operate 
mobile equipment in a primary escapeway using fire resistant fluid, and 
to equip such equipment with a 20 pound dry chemical fire extinguisher; 
to have a qualified person examine batteries, electrical cables and 
brake equipment on a weekly basis; to maintain dry chemical fire 
extinguishers on the mobile equipment operated in the primary escapeway 
in usable and operative condition; to instruct mobile equipment 
operators to conduct a pre-operational check of the equipment prior to 
operation in the primary escapeway; and to instruct mobile equipment 
operators on an annual basis on the fire-fighting plan, the use of dry 
chemical fire extinguishers, and the requirements of any decision and 
order issued on this petition. The petitioner asserts that the proposed 
alternative method would provide at least the same measure of 
protection as would the mandatory standard.

7. Del Rio, Inc.

[Docket No. M-97-123-C]

    Del Rio, Inc., P.O. Box 2218, Middlesboro, Kentucky 40965 has filed 
a petition to modify the application of 30 CFR 75.1405 (automatic 
couplers) to its Mine DR #7 (I.D. No. 15-17607), and its Mine DR #8 
(I.D. No. 15-17951) both located in Bell County, Kentucky. The 
petitioner proposes to use a 9 foot steel tongue to couple the motor to 
the flatcar instead of using automatic couplers. The petitioner states 
that due to mining heights, flatcars instead of regular supply cars are 
being used in their mine to haul supplies. The petitioner asserts that 
the proposed alternative method would provide at least the same measure 
of protection as would the mandatory standard.

8. BR&D Enterprises, Inc.

[Docket No. M-97-124-C]

    BR&D Enterprises, Inc., P.O. Box 2218, Middlesboro, Kentucky 40965 
has filed a petition to modify the application of 30 CFR 75.1405 
(automatic couplers) to its Mine BR&D #1, (I.D. No. 15-17907), and its 
Mine BR&D #2 (I.D. No. 15-17908) both located in Bell County, Kentucky. 
The petitioner proposes to use a 9 foot steel tongue to couple the 
motor to the flatcar instead of using automatic couplers. The 
petitioner states that due to mining heights, flatcars instead of 
regular supply cars are being used in their mine to haul supplies. The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as would the mandatory 
standard.

9. Island Creek Coal Company

[Docket No. M-97-125-C]

    Island Creek 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 Ohio No. 11 Mine (I.D. No. 15-03178) located in 
Union County, Kentucky. The petitioner proposes to use a spring-loaded 
metal locking device instead of padlocks to secure battery charging 
plugs to machine-mounted battery receptacles on permissible, mobile, 
battery-powered scoop cars. The petitioner has outlined in this 
petition specific procedures for implementation of its alternative 
method of using a spring-loaded locking device. The petitioner asserts 
that the proposed alternative method would provide at least the same 
measure of protection as would the mandatory standard.

10. Bass Energy, Inc.

[Docket No. M-97-126-C]

    Bass Energy, Inc. P.O. Box 206, Bruceton Mills, West Virginia 26525 
has filed a petition to modify the application of 30 CFR 
75.380(d)(4)(i) (escapeways; bituminous and lignite mines) to its Mine 
No. 1 (I.D. No. 46-01162) located in Upshur County, West Virginia. Due 
to adverse roof conditions along the beltlines, the petitioner has 
installed additional roof support to protect the affected areas which 
has caused the walkway to be narrowed down to less than four feet at 
specific beltline locations. The petitioner states that where possible, 
the escapeway has been re-routed to another entry with common air and 
properly marked, start-stop switches have been installed inby and outby 
where individuals would have to cross the beltline, and that close 
clearance signs have been posted to caution individuals of the narrow 
walkway. The petitioner asserts that the proposed alternative method 
would provide at least the same measure of protection as would the 
mandatory standard.

11. Genwal Resources, Inc.

[Docket No. M-97-127-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 75.1101-8 (water sprinkler systems; arrangement of 
sprinklers) to its Crandall Canyon Mine (I.D. No. 42-01715) located in 
Emery County, Utah. The petitioner requests a variance to permit the 
use of a water sprinkler system with a single overhead pipe system and 
automatic sprinklers located not more than 10 feet apart so that the 
water discharged from the sprinklers will cover 50 feet of fire 
resistant belt, or 150 feet of non-fire resistant belt adjacent to the 
belt drive; and to permit automatic sprinklers to be located not more 
that 10 feet apart so that water discharged from the sprinkler(s) will 
cover the drive motor(s), belt take-up electrical controls, and gear 
reducing unit for each belt drive. The petitioner proposes to conduct a 
functional test to ensure proper operation during the installation of 
each new system and during subsequent repair or replacement of any 
critical part; and to submit to the District Manager proposed revisions 
to their Part 48 training plan that would specify initial and refresher 
training for compliance to this petition. The petitioner asserts that 
the proposed alternative method would provide at least the same measure 
of protection as would the mandatory standard.

[[Page 63729]]

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 2, 1998. 
Copies of these petitions are available for inspection at that address.

    Dated: November 20, 1997.
Patricia W. Silvey,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 97-31580 Filed 12-1-97; 8:45 am]
BILLING CODE 4510-43-P