[Federal Register Volume 63, Number 46 (Tuesday, March 10, 1998)]
[Notices]
[Pages 11696-11698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6015]



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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. Day Mining, Inc.

[Docket No. M-98-01-C]

    Day Mining, Inc., 430 Harper Pike Drive, Beckley, West Virginia 
25801 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 Day Mining Mine (I.D. No. 46-05437) located in 
Kanawha County, West Virginia. The petitioner proposes to use 2,400 
volt cables to power high-voltage longwall equipment. The petitioner 
asserts that the proposed alternative method would provide at least the 
same measure of protection as would the mandatory standard.

2. Mountain Coal Company

[Docket No. M-98-02-C]

    Mountain Coal Company, P.O. Box 591, Somerset, Colorado 81434 has 
filed a petition to modify the application of 30 CFR 75.380(d)(5) 
(escapeways; bituminous and lignite mines) to its West Elk Mine (I.D. 
No. 05-03672) located in Gunnison County, Colorado. The petitioner 
requests a modification of the mandatory standard to allow the 
temporary continued use of F-Seam portals as the designated primary 
escapeway rather than using an intake air shaft (designated as Shaft 
#3) located in B-Seam at crosscut #11 in Box Canyon Mains. The 
petitioner states that the F-Seam portals would continue to be 
designated as the primary escapeway until Shaft #1 is completed which 
is expected to be April 1999, and that application of the mandatory 
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.

3. Pine Ridge Coal Company

[Docket No. M-98-03-C and M-98-04-C]

    Pine Ridge Coal Company, 810 Laidley Tower, P.O. Box 1233, 
Charleston, West Virginia has filed a petitions to modify the 
application of 30 CFR 75.1002 (location of trolley wires, trolley 
feeder wires, high-voltage cables and transformers) to its Big Mountain 
No. 16 Mine (I.D. No. 46-07908) and its Robin Hood No. 9 Mine (I.D. No. 
46-02143) both located in Boone County, West Virginia. The petitioner 
proposes to use 2,400 volt cables to power high-voltage equipment inby 
the last open crosscut at continuous miner sections. The petitioner 
asserts that the proposed alternative method would provide at least the 
same measure of protection as would the mandatory standard.

4. Oxbow Carbon and Minerals, Inc.

[Docket No. M-98-05-C]

    Oxbow Carbon and Minerals, Inc., P.O. Box 535, Somerset, Colorado 
81434 has filed a petition to modify the application of 30 CFR 
75.360(c)(1) (preshift examination) to its Sanborn Creek Mine (I.D. No. 
05-04452) located in Gunnison County, Colorado. The petitioner requests 
a modification of the mandatory standard to allow the determination of 
the air volume in the last open crosscut to be measured in the return 
aircourse between the last open crosscut and the second to 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.

5. Arclar Company

[Docket No. M-98-06-C]

    Arclar Company, P.O. Box 444, Harrisburg, Illinois 62946 has filed 
a petition to modify the application of 30 CFR 75.364(b)(2) (weekly 
examination) to its Big Ridge Mine (I.D. No. 11-02879) located in 
Saline County, Illinois. Due to hazardous roof conditions, examining 
the return aircourse in its entirety would be unsafe. The petitioner 
proposes to examine the volume of air, percentage of methane, and 
hazardous conditions on both sides of the roof fall on a preshift 
schedule to ensure that ventilation of the active places are maintained 
without diminution of safety to the miners on unit and eliminate others 
from being placed in unsafe conditions to rehabilitate the affected 
area; and to install mandoors in the stopping line on each side of the 
fall to allow access into the affected area. The petitioner asserts 
that the proposed alternative method would provide at least the same 
measure of protection as would the mandatory standard.

6. Left Fork Mining Company, Inc.

[Docket No. M-98-07-C]

    Left Fork Mining Company, Inc., P.O. Box 405, Arjay, Kentucky 40902 
has filed a petition to modify the application of 30 CFR 75.380(h), and 
(i)(2) (escapeways; bituminous and lignite mines) to its Straight Creek 
Mine No. 1 (I.D. No. 15-12564) located in Bell County, Kentucky. The 
petitioner proposes to use the slope entry which is separated from the 
primary escapeway by a pressure difference, and where air comes in at a 
separate portal, as part of its alternate escapeway. The petitioner 
asserts that the proposed alternative method would provide at least the 
same measure of protection as would the mandatory standard.

7. FKZ Coal, Inc.

[Docket No. M-98-08-C]

    FKZ Coal, Inc., 119 Greenwood Street, Trevorton, Pennsylvania 17881 
has filed a petition to modify the application of 30 CFR 75.1202-1(a) 
(temporary notations, revisions, and supplements) to its No. 1 Slope 
(I.D. No. 36-08637) located in Northumberland 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. FKZ Coal, Inc.

[Docket No. M-98-09-C]

    FKZ Coal, Inc., 119 Greenwood Street, Trevorton, Pennsylvania 17881 
has filed a petition to modify the application of 30 CFR 75.335 (seal 
construction) to its No. 1 Slope (I.D. No. 36-08637) located in 
Northumberland 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. FKZ Coal, Inc.

[Docket No. M-98-10-C]

    FKZ Coal, Inc., 119 Greenwood Street, Trevorton, Pennsylvania 17881 
has filed a petition to modify the application of 30 CFR 75.1200 (d) 
and (i) (mine map) to its No. 1 Slope (I.D. No. 36-08637) located in 
Northumberland County, Pennsylvania. The petitioner proposes to use 
cross-sections instead of contour

[[Page 11697]]

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.

10. FKZ Coal, Inc.

[Docket No. M-98-11-C]

    FKZ Coal, Inc., 119 Greenwood Street, Trevorton, Pennsylvania 17881 
has filed a petition to modify the application of 30 CFR 75.1100-2 
(quantity and location of firefighting equipment) to its No. 1 Slope 
(I.D. No. 36-08637) 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.

11. FKZ Coal, Inc.

[Docket No. M-98-12-C]

    FKZ Coal, Inc., 119 Greenwood Street, Trevorton, Pennsylvania 17881 
has filed a petition to modify the application of 30 CFR 75.1400 
(hoisting equipment; general) to its No. 1 Slope (I.D. No. 36-08637) 
located in Northumberland County, Pennsylvania. The petitioner proposes 
to use a slope conveyance (gunboat) in transporting persons without 
installing safety catches or other no less effective devices but 
instead use increased rope strength/safety factor and secondary safety 
rope connection in place of such devices. The petitioner asserts that 
the proposed alternative method would provide at least the same measure 
of protection as would the mandatory standard.

12. Dunkard Mining Company

[Docket No. M-98-13-C]

    Dunkard Mining Company, Box 8, Dilliner, Pennsylvania 15327 has 
filed a petition to modify the application of 30 CFR 75.364(b)(1) 
(weekly examination) to its Dunkard Mine (I.D. No. 36-01301) located in 
Greene County, Pennsylvania. Due to hazardous roof conditions, certain 
areas of the intake aircourse cannot be traveled safely. The petitioner 
proposes to test for methane and the quantity and quality of air by 
establishing monitoring points No. 1 and No. 2 which would be monitored 
weekly. The petitioner asserts that the proposed alternative method 
would provide at least the same measure of protection as would the 
mandatory standard.

13. Consolidation Coal Company

[Docket No. M-98-14-C and M-98-15-C]

    Consolidation Coal Company, Consol Plaza, 1800 Washington Road, 
Pittsburgh, Pennsylvania 15241-1421 has filed a petition to modify the 
application of 30 CFR 75.1700 (oil and gas wells) to its Blacksville 
No. 2 Mine (I.D. No. 46-01968) located in Monongalia County, West 
Virginia, and its Robinson Run No. 95 Mine (I.D. No. 46-01318) located 
in Harrison County, West Virginia. The petitioner proposes to seal the 
Pittsburgh Coal Seam from the surrounding strata at the affected wells 
by using technology developed through Consolidation Coal Company's 
successful well-plugging program instead of establishing and 
maintaining barriers around oil and gas wells. The petitioner asserts 
that the proposed alternative method would provide at least the same 
measure of protection as would the mandatory standard.

14. G & P Contractors, Inc.

[Docket No. M-98-16-C]

    G & P Contractors, Inc., Route 1, Box 419-A1, Gray, Kentucky 40734 
has filed a petition to modify the application of 30 CFR 
75.380(f)(4)(i) (escapeways; bituminous and lignite mines) to its 
Goodin Creek Mine (I.D. No. 15-17980) located in Knox County, Kentucky. 
The petitioner requests relief from using fire suppression systems on 
its three wheel Mescher tractors. The petitioner proposes to install 
two five pound or one ten pound portable chemical fire extinguisher in 
the operator's deck of each Mescher tractor operated at the mine and to 
have this fire extinguisher readily accessible to the operator; to have 
the equipment operator inspect each fire extinguisher daily prior to 
entering the escapeway; to keep at the mine a daily record of the 
inspection; to have a sufficient number of spare fire extinguishers 
maintained at the mine in case a fire extinguisher becomes defective; 
and to provide training to each employee operating the Mescher tractor 
on the proper procedures for conducting daily inspections of the fire 
extinguisher. The petitioner asserts that the proposed alternative 
method would provide at least the same measure of protection as would 
the mandatory standard.

15. Lodestar Energy, Inc.

[Docket No. M-98-17-C]

    Lodestar Energy, Inc., P.O. Box 448, Clay, Kentucky 42404 has filed 
a petition to modify the application of 30 CFR 75.380(d)(1) 
(escapeways; bituminous and lignite mines) to its Wheatcroft Mine (I.D. 
No. 15-13920) located in Webster County, Kentucky. The petitioner 
proposes to have a minimum of 4-feet of clearance on a secondary 
escapeway at its Wheatcroft mine. The petitioner asserts that no 
diminution of safety would occur to the miners as a result of this 
reduction in clearance.

16. G & P Contractors, Inc.

[Docket No. M-98-18-C]

    G & P Contractors, Inc., Route 1, Box 419-A1, Gray, Kentucky 40734 
has filed a petition to modify the application of 30 CFR 75.342 
(methane monitors) to its Goodin Creek Mine (I.D. No. 15-17980) located 
in Knox County, Kentucky. The petitioner proposes to use hand-held 
continuous-duty methane and oxygen detectors instead of machine-mounted 
methane monitors on permissible three-wheel tractors with drag bottom 
buckets. The petitioner asserts that the proposed alternative method 
would provide at least the same measure of protection as would the 
mandatory standard.

17. Echo Bay Minerals Company

[Docket No. M-98-01-M]

    Echo Bay Minerals Company, 921 Fish Hatchery Road, Republic, 
Washington 99166 has filed a petition to modify the application of 30 
CFR 57.11050 (escapeways and refuges) to its Lamefoot Mine (I.D. No. 
45-03265) located in Ferry County, Washington. The petitioner propose 
to use a refuge chamber on each level of its mine which is not accessed 
by the existing secondary escapeway. The petitioner states that these 
refuge chambers would have dedicated air and communication lines, with 
supplied air bottles, first aid-equipment (stretchers, blankets, and 
trauma kits), meals-ready-to-eat, and drinking water. The petitioner 
asserts that application of the mandatory standard would result in a 
diminution of safety to the miners.

Request for Comments

    Persons interested in these petitions are encouraged to submit 
comments via e-mail to ``[email protected]'', or on a computer disk 
along with an original hard copy to the Office of Standards, 
Regulations, and Variances, Mine Safety and Health Administration, 4015 
Wilson Boulevard, Room 627,

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Arlington, Virginia 22203. All comments must be postmarked or received 
in that office on or before April 9, 1998. Copies of these petitions 
are available for inspection at that address.

    Dated: February 27, 1998.
Patricia W. Silvey,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 98-6015 Filed 3-9-98; 8:45 am]
BILLING CODE 4510-43-P