[Federal Register Volume 63, Number 149 (Tuesday, August 4, 1998)]
[Notices]
[Pages 41597-41599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20763]


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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-98-38-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)(4) 
(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 standard to allow the width of the 
alternate escapeway in the belt entry to be maintained at a minimum 48 
inch width for a distance of about 20 feet on the walkway side at each 
belt drive, tripper drive, belt brake, belt transfer point, belt 
splicing table, and belt take-up unit. The petitioner asserts 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.

2. Canyon Fuel Company, LLC

[Docket No. M-98-39-C]

    Canyon Fuel Company, LLC, P.O. Box 719, Helper, Utah 84526 has 
filed a petition to modify the application of 30 CFR 75.1909(b)(8) 
(nonpermissible diesel-powered equipment; design and performance 
requirements) to its Skyline Mine No. 1 (I.D. No. 42-01435), and its 
Skyline Mine No. 3 (I.D. No. 42-01566) located in Carbon and Emery 
Counties, Utah. The petitioner requests a modification of the standard 
to permit the use of a device that traps a column of fluid to hold the 
brake in the applied position, provided that when this device is used, 
the wheels shall be blocked against motion through the use of a wheel 
block on the downgrade side of at least one tire. The petitioner 
asserts that the proposed alternative method would provide at least the 
same measure of protection as would the mandatory standard.

3. Canyon Fuel Company, LLC

[Docket No. M-98-40-C]

    Canyon Fuel Company, LLC, P.O. Box 719, Helper, Utah 84526 has 
filed a petition to modify the application of 30 CFR 75.1913(c)(1) 
(starting aids) to its Skyline Mine No. 1 (I.D. No. 42-01435), and its 
Skyline Mine No. 3 (I.D. No. 42-01566) located in Carbon and Emery 
Counties, Utah. The petitioner requests a modification of the standard 
to permit the use of volatile fuel starting aids in areas where 
permissible equipment is required, provided that continuous methane 
testing is done before the starting aids are taken into these areas and 
during the time that the starting aids are in use or are present in 
these areas. The petitioner states that if greater than 0.1 percent of 
methane is detected, the starting aids would not be taken into or used 
in these areas; and that the starting aids would be removed from the 
areas immediately after use. 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-98-41-C]

    Island Creek Coal Company, 1741 Hilltop Road, Morganfield, Kentucky 
42437 has filed a petition to modify the application of 30 CFR 75.350 
(air courses and belt haulage entries) to its Ohio No. 11 Mine (I.D. 
No. 15-03178) located in Union County, Kentucky. The petitioner 
requests that Item No. 4 of the Proposed Decision and Order for its 
previously granted petition be amended to read as follows: 
``Administrative controls shall be used to minimize the number and type 
of pieces of diesel equipment in the mine and to notify miners on the 
working section(s) when diesel equipment with a rating of 50 horsepower 
or greater is operating in air currents affecting the section(s) being 
ventilated with belt air only. All diesel-powered equipment operated in 
the mine shall be provided with a fire suppression system.'' The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as would the mandatory 
standard.

5. Joliett Coal Company

[Docket No. M-98-42-C]

    Joliett Coal Company, 837 East Grand Avenue, Tower City, 
Pennsylvania 17980 has filed a petition to modify the application of 30 
CFR 75.332(b)(1) and (b)(2) (working sections and working places) to 
its No. 3 Vein Slope (I.D. No. 36-08702) located in Schuylkill County, 
Pennsylvania. The petitioner proposes to use air passing through 
inaccessible abandoned workings and additional areas, which is not 
examined under other mandatory standards and is currently mixing with 
the air in the intake haulage slope, to ventilate the only active 
working section; to ensure air quality by sampling intake air during 
preshift and on-shift examinations; and to suspend mine production when 
air quality fails to meet specified criteria. The petitioner asserts 
that the proposed alternative method would provide at least the same 
measure of protection as would the mandatory standard.

6. Joliett Coal Company

[Docket No. M-98-43-C]

    Joliett Coal Company, 837 East Grand Avenue, Tower City, 
Pennsylvania 17980 has filed a petition to modify the application of 30 
CFR 75.340 (underground electrical installations) to its No. 3 Vein 
Slope (I.D. No. 36-08702) located in Schuylkill County, Pennsylvania. 
The petitioner proposes to charge batteries on the mine's locomotive 
during idle periods when all

[[Page 41598]]

miners are out of the mine and to allow intake air used to ventilate 
the charging station to continue through the normal route to the last 
open crosscut and into the return airway. The petitioner asserts that 
the proposed alternative method would provide at least the same measure 
of protection as would the mandatory standard.

7. Joliett Coal Company

[Docket No. M-98-44-C]

    Joliett Coal Company, 837 East Grand Avenue, Tower City, 
Pennsylvania 17980 has filed a petition to modify the application of 30 
CFR 75.335 (construction of seals) to its No. 3 Vein Slope (I.D. No. 
36-08702) located in Schuylkill County, Pennsylvania. The petitioner 
requests a modification of the standard to permit alternative methods 
of construction using wooden materials of moderate size and weight due 
to the difficulty in accessing previously driven headings and breasts 
containing inaccessible abandoned workings; a design criteria in the 10 
psi range; and installation of the water trap 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.

8. Joliett Coal Company

[Docket No. M-98-45-C]

    Joliett Coal Company, 837 East Grand Avenue, Tower City, 
Pennsylvania 17980 has filed a petition to modify the application of 30 
CFR 75.360 (preshift examination) to its No. 3 Vein Slope (I.D. No. 36-
08702) located in Schuylkill County, Pennsylvania. The petitioner 
proposes to visually examine each seal for physical damage from the 
slope gunboat during the pre-shift examination after an air quality 
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 working section. 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.

9. Joliett Coal Company

[Docket No. M-98-46-C]

    Joliett Coal Company, 837 East Grand Avenue, Tower City, 
Pennsylvania 17980 has filed a petition to modify the application of 30 
CFR 75.364(b)(1), (4) and (5) (weekly examination) to its No. 3 Vein 
Slope (I.D. No. 36-08702) located in Schuylkill County, Pennsylvania. 
The petitioner proposes to examine the intake haulage slope and primary 
escapeway areas from the gunboat/slope car with an alternative air 
quality evaluation at the section's intake level, and to travel and 
thoroughly 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.

10. Joliett Coal Company

[Docket No. M-98-47-C]

    Joliett Coal Company, 837 East Grand Avenue, Tower City, 
Pennsylvania 17980 has filed a petition to modify the application of 30 
CFR 75.1002-1 (location of other electric equipment; requirements for 
permissibility) to its No. 3 Vein Slope (I.D. No. 36-08702) located in 
Schuylkill County, Pennsylvania. The petitioner proposes to use 
nonpermissible electric equipment within 150 feet of the pillar line 
and to suspend equipment operation anytime the methane concentration at 
the equipment reaches 0.5 percent, either during operation or during a 
pre-shift examination. The petitioner asserts that the proposed 
alternative method would provide at least the same measure of 
protection as would the mandatory standard.

11. Joliett Coal Company

[Docket No. M-98-48-C]

    Joliett Coal Company, 837 East Grand Avenue, Tower City, 
Pennsylvania 17980 has filed a petition to modify the application of 30 
CFR 75.1100-2 (quantity and location of firefighting equipment) to its 
No. 3 Vein Slope (I.D. No. 36-08702) 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 is not practical. The petitioner asserts 
that the proposed alternative method would provide at least the same 
measure of protection as would the mandatory standard.

12. Joliett Coal Company

[Docket No. M-98-49-C]

    Joliett Coal Company, 837 East Grand Avenue, Tower City, 
Pennsylvania 17980 has filed a petition to modify the application of 30 
CFR 75.1200(d) & (i) (mine map) to its No. 3 Vein Slope (I.D. No. 36-
08702) 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.

13. Joliett Coal Company

[Docket No. M-98-50-C]

    Joliett Coal Company, 837 East Grand Avenue, Tower City, 
Pennsylvania 17980 has filed a petition to modify the application of 30 
CFR 75.1202-1(a) (temporary notations, revisions, and supplements) to 
its No. 3 Vein Slope (I.D. No. 36-08702) 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.

14. Webster County Coal Corporation

[Docket No. M-98-51-C]

    Webster County Coal Corporation, 2668 State Route 120 East, 
Providence, Kentucky 42450 has filed a petition to modify the 
application of 30 CFR 75.364(b)(1) (weekly examination) to its Dotiki 
Mine (I.D. No. 15-02132) located in Webster County, Kentucky. Due to 
poor roof conditions and diminishing height in the intake air course, 
traveling the affected area would be unsafe. The petitioner proposes to 
establish two continuous monitoring stations to continuously monitor 
for methane and oxygen; to have an audible alarm signal at a surface 
location where a responsible person would be on duty at all times while 
miners are underground, and to train this person in the proper 
procedures for handling the monitoring system if immediate action is 
necessary in the event of an emergency or malfunction; to have a 
certified person check the monitoring stations weekly for air quantity 
and direction; and to have the results of the check recorded in a book 
that would be maintained on the surface. 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

[[Page 41599]]

least the same measure of protection as would the mandatory standard.

15. Dandy Mining Company, Inc.

[Docket No. M-98-52-C]

    Dandy Mining Company, Inc., P.O. Box 917, Gilbert, West Virginia 
25621 has filed a petition to modify the application of 30 CFR 
75.364(a)(1) and (b)(2) (weekly examination) to its No. 1 Mine (I.D. 
No. 46-08307) located in Logan County, West Virginia. The petitioner 
requests temporary modification of the standard to the extent that 
complying with the standard would put an examiner in an unsafe 
situation when traveling certain areas of the return air course due to 
deteriorating roof and conditions. The petitioner intends to mine 
parallel and mine into the affected area in approximately 6 months and 
seal the area according to MSHA requirements and West Virginia State 
Law. The petitioner proposes to establish evaluation points to monitor 
movement of air going into and returning from the affected area. The 
petitioner states that if the affected area is sealed according to MSHA 
requirement, when mining into the affected area, the West Virginia Law 
would require mine rescue teams to be present and operate equipment 
under oxygen to mine into sealed areas which would create a hazard 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.

16. Chemical Lime Company

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

    Chemical Lime Company, P.O. Box 479, Montevallo, Alabama 35115 has 
filed a petition to modify the application of 30 CFR 56.6306 (loading, 
blasting, and security) to its O'Neal Quarry (I.D. No. 01-00003) 
located in Shelby County, Alabama. The petitioner proposes to load 
explosives to within one hole of the hole being drilled during the 
drilling cycle of overburden removal. The petitioner asserts that 
application of the standard as it applies to the overburden blasting at 
the O'Neal Quarry will create a diminution of safety to the miners and 
to the drilling and blasting contractors. In addition, the petitioner 
asserts that the proposed alternative method would provide at least the 
same measure of protection as would the mandatory standard.

17. Climax Molybdenum Company

[Docket No. M-98-03-M]

    Climax Molybdenum Company, One Oxford Centre, 301 Grant Street, 
20th Floor, Pittsburgh, Pennsylvania 15219 has filed a petition to 
modify the application of 30 CFR 57.12016 (work on electrically powered 
equipment) to its Henderson Mine (I.D. No. 05-00790) located in Clear 
Creek County, Colorado. The petitioner requests a modification of the 
standard to permit an alternative method of compliance with the 
requirements for lockout of equipment. The petitioner proposes to 
perform all lockout steps in the crusher control room except the 
lockout of the conveyor belt pullcord; to have the crusher operator 
remotely open two power contactor/breakers for each drive motor, turn 
the VFC off and disable all local control power for these contactor/
breakers, and have an auxiliary contactor on each breaker or contactor 
that would indicate whether each device has opened; to disable the mill 
operator control and the potential network control hardware; to have 
persons desiring a lockout to activate a pullcord switch and lock the 
switch with a lockout lock; to give an indication to the crusher 
operator that the last pullcord switch has been deactivated; to have 
the crusher operator try to start the belt to ensure that starting the 
belt system is not possible before declaring the belt system locked 
out; and to have the crusher operator physically guard the PLC in the 
control room or lock the control room with a lockout lock. The 
petitioner asserts 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 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, Arlington, Virginia 22203. All comments 
must be postmarked or received in that office on or before September 3, 
1998. Copies of these petitions are available for inspection at that 
address.

    Dated: July 27, 1998.
Patricia W. Silvey,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 98-20763 Filed 8-3-98; 8:45 am]
BILLING CODE 4510-43-P