[Federal Register Volume 63, Number 166 (Thursday, August 27, 1998)]
[Notices]
[Pages 45865-45866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22956]


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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. Mettiki Coal Corporation

[Docket No. M-98-67-C]

    Mettiki Coal Corporation, 293 Table Rock Road, Oakland, Maryland 
21550 has filed a petition to modify the application of 30 CFR 
75.500(b) (permissible electric equipment) to its Mettiki Mine (I.D. 
No. 18-00621) located in Garrett County, Maryland. The petitioner 
requests a modification of the standard to allow nonpermissible hand-
held, battery-powered drills and nonpermissible electronic testing and 
diagnostic equipment to be taken into or used inby the last open 
crosscut. 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. Jewell Smokeless Coal Corporation

[Docket No. M-98-68-C]

    Jewell Smokeless Coal Corporation, P.O. Box 70, Vansant, Virginia 
24656 has filed a petition to modify the application of 30 CFR 
77.214(a) (refuse piles; general) to its Dominion Mine No. 25 (I.D. No. 
44-00649) located in Buchanan County, Virginia. The petitioner proposes 
to construct a refuse bench fill in an area containing abandoned mine 
openings. The petitioner asserts that the proposed alternative method 
would provide at least the same measure of protection as would the 
mandatory standard.

3. Arclar Company

[Docket No. M-98-69-C]

    Arclar Company, 29 West Raymond, P.O. Box 444, Harrisburg, Illinois 
62946 has filed a petition to modify the application of 30 CFR 75.503

[[Page 45866]]

(permissible electric face equipment; maintenance) to its Big Ridge 
Mine (I.D. No. 11-02879) located in Saline County, Illinois. The 
petitioner proposes to use fabricated metal locking devices with a 
locking screw threaded through a steel bracket instead of padlocks to 
lock battery plugs to machine-mounted battery receptacles on 
permissible, mobile, battery-powered machines. The petitioner states 
that initial and refresher training will be provided to all operators 
of these machines, and to all miners who couple and uncouple battery 
plugs on the machines. The petitioner asserts that the proposed 
alternative method would provide at least the same measure of 
protection as would the mandatory standard.

4. Jim Walter Resources, Inc.

[Docket No. M-98-70-C]

    Jim Walter Resources, Inc., P.O. Box 133, Brookwood, Alabama 35444 
has filed a petition to modify the application of 30 CFR 75.364(b)(2) 
(weekly examination) to its No. 4 Mine (I.D. No. 01-01247) located in 
Tuscaloosa County, Alabama. Due to hazardous conditions in certain 
areas of the air course, traveling the affected area would be unsafe. 
The petitioner proposes to establish evaluation points inby and outby 
the deteriorated return; and to have a certified person examine these 
evaluation points for methane and oxygen concentrations and the volume 
of air and record the results in a book maintained on the surface of 
the mine. 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.

5. Mettiki Coal Corporation

[Docket No. M-98-71-C]

    Mettiki Coal Corporation, 293 Table Rock Road, Oakland, Maryland 
21550 has filed a petition to modify the application of 30 CFR 
75.804(a) (underground high-voltage cables) to its Mettiki Mine (I.D. 
No. 18-00621) located in Garrett County, Alabama. The petitioner 
proposes to use specially designed high-voltage cables for longwall 
mining equipment. The petitioner states that the cables would have a 
center ground check conductor not smaller than 16 A.W.G. and 
constructed of symmetrical 3/C, 3/G, and 1/GC; the type would be 
CABLEC/BICC Anaconda Brand 5KV, 3/C type SHD&GC, Americable Tiger 
Brand, 3/C, 5KV, type SHD-CGC; Pirelli 5KV, 3/C, type SHD-CENTER-GC, or 
similar 5,000-volt cable with a center ground check conductor, but 
otherwise manufactured to the ICEA Standard S-75-381 for type SHD, 
three-conductor cables; that the cables would be MSHA accepted as 
flame-resistant and used only for high-voltage longwall equipment; and 
that all miners performing electrical maintenance on high-voltage 
cables on the longwall would be trained to safely install, splice, and 
repair the specially designed high-voltage cables. 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.

6. Independence Coal Company, Inc.

[Docket No. M-98-72-C]

    Independence Coal Company, Inc., HC 78 Box 1800, Madison, West 
Virginia 25130 has filed a petition to modify the application of 30 CFR 
75.1700 (oil and gas wells) to its Justice # 1 Mine (I.D. No. 46-07273) 
located in Boone County, West Virginia. The petitioner requests a 
modification of the standard to allow plugging of oil and gas wells 
using specific procedures outlined in this petition for modification. 
The petitioner asserts that the proposed alternative method would 
provide at least the same measure of protection as would the mandatory 
standard.

7. Powell Mountain Coal Company, Inc.

[Docket No. M-98-73-C]

    Powell Mountain Coal Company, Inc., Rt., 1, Box 140, St. Charles, 
Virginia 24282 has filed a petition to modify the application of 30 CFR 
75.1710-1 (canopies or cabs; self-propelled diesel-powered and electric 
face equipment; installation of requirements) to its Wallins A Mine 
(I.D. No. 44-06364) located in Lee County, Virginia. Due to low coal 
seam heights, the petitioner proposes to operate its electric face 
equipment such as the Simmons-Rand 828 Unahauler battery coal haulers 
and Simmons-Rand Model 482 scoops, without canopies. The petitioner 
asserts that application of the standard would result in a diminution 
of safety to the miners.

8. Hecla Mining Company

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

    Hecla Mining Company, 6500 Mineral Drive, Coeur d'Alene, Idaho 
83815-8788 has filed a petition to modify the application of 30 CFR 
49.8(b) (training for mine rescue teams) to its Rosebud Mine (I.D. No. 
26-02241) located in Pershing County, Nevada. The petitioner requests a 
modification of the standard to allow miners who have qualified as mine 
rescue personnel in mining districts that are subject to MSHA 
jurisdiction, to be considered as fulfilling the requirement of the 
standard; to allow similarly trained miners who are not designated as 
mine rescue personnel, including back-up mine rescue personnel from 
Getchell Gold Corporation's mine to be considered as fulfilling the 
requirements of the standard; to allow training for the mine rescue 
personnel to be not less than five (5) total sessions per year with at 
least three (3) of the five (5) sessions to be conducted underground; 
and to allow a minimum of two and one-half (2\1/2\) hours per session 
during each of the five (5) sessions to be spent using oxygen. The 
petitioner states that the total annual cumulative amount of training 
would equal to 12\1/2\ hours under oxygen, and a total training regimen 
of 50 hours per year; and that all miners who have not had the required 
training would have to complete the training or complete training 
required of mine rescue personnel before being allowed to assume any 
positions for mine rescue personnel. The petitioner asserts that 
application of the standard would result in a diminution of safety 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.

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 
28, 1998. Copies of these petitions are available for inspection at 
that address.

    Dated: August 14, 1998.
Patricia W. Silvey,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 98-22956 Filed 8-26-98; 8:45 am]
BILLING CODE 4510-43-P