[Federal Register Volume 64, Number 65 (Tuesday, April 6, 1999)]
[Notices]
[Pages 16759-16761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8369]


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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. International Uranium (USA) Corporation

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

    International Uranium (USA) Corporation, HC 64, Box 153, 2555 No. 
Hwy 89A, Fredonia, Arizona 86022 has filed a petition to modify the 
application of 30 CFR 57.14130(a)(4)(roll-over protective structures 
(ROPS) and seat belts for surface equipment) to its Sunday Mine Complex 
(I.D. No. 05-01197) located in Dolores County, Colorado. The petitioner 
proposes to implement traffic controls instead of providing Elmac 
trucks with seatbelts and rollover protection for use during limited 
time on the surface. The petitioner proposes to: (i) restrict the speed 
of the Elmac trucks while traveling the short distance on the surface 
to five miles per hour; (ii) mark the surface area where the trucks 
travel as a ``No Travel Zone'' for unauthorized surface mining 
equipment; and (iii) require truck operators, upon exiting the portal, 
to conduct a ``rolling stop'' and prior to proceeding visibly survey 
the travel route. The petitioner asserts that by implementing these 
steps, all potential for a collision or rollover type accident would be 
eliminated while the Elmac truck is on the surface and, because 
seatbelts and rollover protection are only designed to mitigate 
injuries in the event of a rollover or collision accident, the traffic 
controls would provide a greater measure of protection by eliminating 
the possibility of a rollover or collision accident.

2. International Uranium (USA) Corporation

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

    International Uranium (USA) Corporation, HC 64, Box 153, 2555 No. 
Hwy 89A, Fredonia, Arizona 86022 has filed a petition to modify the 
application of 30 CFR 57.14130(a)(6) (roll-over protective structures 
(ROPS) and seat belts for surface equipment) to its Sunday Mine Complex 
(I.D. No. 05-01197) located in Dolores County, Colorado. The petitioner 
proposes to implement traffic controls instead of providing its Massey-
Ferguson tractor with seatbelts and rollover protection for use during 
limited travel on the surface. The petitioner proposes to: (i) restrict 
the surface speed of its Massey-Ferguson tractor to five miles per 
hour; and (ii) restrict the travel of its tractor to designated routes, 
over maintained roadways, to the maintenance shop and parking area. The 
petitioner asserts that by implementing these steps, all potential for 
a collision or rollover-type accident would be eliminated while the 
Massey-Ferguson tractor is on the surface. In addition, the petitioner 
asserts that because rollover protection is only designed to mitigate 
injuries in the event of a rollover accident, the traffic controls 
would provide a greater measure of protection by eliminating the 
possibility of a collision or rollover accident.

3. International Uranium (USA) Corporation

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

    International Uranium (USA) Corporation, HC 64, Box 153, 2555 No. 
Hwy 89A, Fredonia, Arizona 86022 has filed a petition to modify the 
application of 30 CFR 57.14132(b) (horns and backup alarms for surface 
equipment) to its Sunday Mine Complex (I.D. No. 05-01197) located in 
Dolores County, Colorado. The petitioner proposes to implement area 
restrictions instead of providing Elmac underground-type haulage trucks 
with back-up alarms. The petitioner proposes to: (i) implement 
personnel and equipment restrictions in the ramping areas during the 
one occasion where the trucks move in a limited backward direction on 
the surface; (ii) prohibit unauthorized personnel and equipment from 
the stockpile ramping areas; and (iii) implement restrictions through 
training, including applicable revisions to the training plan and 
through signs clearly indicating that the ramping areas are ``No 
Entry'' zones. The petitioner asserts that by implementing these steps, 
all potential for a collision-type accident would be eliminated while 
the Elmac truck is backing-up the stockpile ramps. In addition, the 
petitioner asserts that because back-up alarms would be used to warn 
persons to evacuate the area where the equipment is backing up, the 
area restrictions, which would keep people out of the area would 
provide a greater measure of protection.

4. Moberly Stone Company

[Docket No. M-1999-001-M]

    Moberly Stone Company, P.O. Box 582, Moberly, Missouri 65270-0582 
has filed a petition to modify the application of 30 CFR 57.14100(b) 
(safety defects; examination, correction and records) to its Moberly 
Stone Company Underground Mine (I.D. No. 23-02105), and Open Pit Mine 
(I.D. No. 23-01785) both located in Randolph County, Missouri. The 
petitioner requests a modification of the mandatory safety standard to 
permit operation of its pit trucks without a tachometer or a 
speedometer. The petitioner asserts that using a tachometer or a 
speedometer would not contribute to any safety factor for the pit 
trucks since the nature of the rock deposit would only allow the pit 
trucks to travel at a top average speed of 10 miles an hour.

[[Page 16760]]

5. Canyon Fuel Company, LLC

[Docket No. M-1999-006-C]

    Canyon Fuel Company, LLC, HC 35 Box 380, Helper, Utah 84526 has 
filed a petition to modify the application of 30 CFR 75.1909(a)(1) 
(nonpermissible diesel-powered equipment; design and performance 
requirements) to its Skyline Mine No. 3 (I.D. No. 42-01566) located in 
Carbon County, Utah. The petitioner requests a modification of the 
mandatory safety standard to permit the use of non-permissible, light 
duty equipment that is equipped with an over the road type diesel 
engine which has been or is currently being offered in commercially 
available highway type vehicles instead of using equipment that is 
equipped with an MSHA approved engine. The petitioner asserts that 
application of the mandatory safety 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. Energy Fuels Coal, Inc.

[Docket No. M-1999-007-C]

    Energy Fuels Coal, Inc., P.O. Box 459, Florence, Colorado 81226 has 
filed a petition to modify the application of 30 CFR 75.701 (grounding 
metallic frames, casings, and other enclosures of electric equipment) 
to its South Field Mine (I.D. No. O5-03455) located in Fremont County, 
Colorado. The petitioner proposes to use a 135 kw/169 kva, 480 volt 
diesel powered generator set to move equipment in and out of the mine 
and to operate a roof bolter for roof rehabilitation in remote areas of 
the mine. The genset is 480 vac three phase and is mounted and grounded 
to a metal sled with an area of 60 square feet that is in contact with 
the damp mine floor at all times. Energy Fuels feels that this 
application is a good ground in that the genset sled has a low 
resistance to earth. The petitioner asserts that the proposed 
alternative method would provide at least the same measure of 
protection as would the mandatory standard.

7. CONSOL of Kentucky, Inc.

[Docket No. M-1999-008-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 Big Springs E1 Mine (I.D. No. 15-18115) located 
in Knott County, Kentucky. The petitioner requests a modification of 
the mandatory safety standard to permit the use of a single line of 
automatic secondary belt conveyors. The petitioner proposes to: (i) use 
a single overhead pipe system with 1/2-inch orifice automatic 
sprinklers located on 10-foot centers rather than every 8 feet, to 
cover 50 feet of fire-resistant belt or 150 feet of non-fire resistant 
belt with actuation temperatures between 200 and 230 degrees Fahrenheit 
and with water pressure equal to or greater than 10 psi; (ii) have the 
automatic sprinklers located 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; and (iii) conduct a test to 
insure proper operation during the installation of each new system and 
during any subsequent repair or replacement of any critical part. The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as would the mandatory 
standard.

8. KenAmerican Resources, Inc.

Docket No. M-1999-009-C]

    KenAmerican Resources, Inc., 7590 Highway 181, Central City, 
Kentucky 42330 has filed a petition to modify the application of 30 CFR 
75.503 (permissible electric face equipment; maintenance) to its 
Paradise #9 Mine (I.D. No. 15-17741) located in Muhlenberg County, 
Kentucky. The petitioner proposes to use a spring-loaded device with 
specific fastening characteristics instead of padlocks to secure plugs 
and electrical type connectors to batteries and to the permissible 
mobile powered equipment the batteries serve. The petitioner asserts 
that the spring-loaded device would prevent accidental separation of 
the battery plugs from their receptacles during normal operation of the 
battery equipment. In addition, the petitioner asserts that the 
proposed alternative method would provide at least the same measure of 
protection as would the mandatory standard, and would not result in a 
diminution of safety to the miners.

9. D & D Coal Company

[Docket No. M-1999-010-C]

    D & D Coal Company, 139 E. Independence Street, Shamokin, 
Pennsylvania 17872 has filed a petition to modify the application of 30 
CFR 75.1200(d) & (i) (mine map) to its 7' Drift (I.D. No. 36-08092) 
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 due to the steep pitch encountered 
in mining anthracite coal veins, contours provide no useful information 
and their presence would make portions of the mine illegible. The 
petitioner further asserts that use of cross-sections in lieu of 
contour lines has been practiced since the late 1800's thereby 
providing critical information relative to the spacing between veins 
and proximity to other mine workings which fluctuate considerably. The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as would the mandatory 
standard.

10. D & D Coal Company

Docket No. M-1999-011-C]

    D & D Coal Company, 139 E. Independence Street, Shamokin, 
Pennsylvania 17872 has filed a petition to modify the application of 30 
CFR 75.1202 and 75.1202-1(a) (temporary notations, revisions, and 
supplements) to its 7' Drift (I.D. No. 36-08092) 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 
low production and slow rate of advance in anthracite mining make 
surveying on 6 month intervals impractical. The petitioner asserts that 
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-1999-012-C]

    Canyon Fuel Company, LLC, 397 South 800 West, Salina, 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 (2,400 
volts) cables on 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.

[[Page 16761]]

12. Consolidation Coal Company

[Docket No. M-1999-013-C]

    Consolidation Coal Company, Consol Plaza, 1800 Washington Road, 
Pittsburgh, Pennsylvania 15241-1421 has filed a petition to modify the 
application of 30 CFR 75.1002 (location of trolley wires, trolley 
feeder wires, high-voltage cables and transformers) to its Rend Lake 
Mine (I.D. No. 11-00601) located in Jefferson County, Illinois. The 
petitioner proposes to use high-voltage (4,160 volt) cables to supply 
power to its longwall mining system in by 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.

13. The Ohio Valley Coal Company

[Docket No. M-1999-014-C]

    The Ohio Valley Coal Company, 56854 Pleasant Ridge Road, Alledonia, 
Ohio 43902 has filed a petition to modify the application of 30 CFR 
75.804(a) (underground high-voltage cables) to its Powhatan No. 6 Mine 
(I.D. No. 33-01159) located in Belmont County, Ohio. The petitioner 
proposes to use a high-voltage cable with an internal ground check 
conductor smaller than No. 10 (A.W.G.) as part of its longwall mining 
system. The petitioner asserts that the proposed alternative method 
would provide at least the same measure of protection as would the 
mandatory standard.

14. Perry County Coal Corporation

[Docket No. M-1999-015-C]

    Perry County Coal Corporation, P.O. Box 5001, Hazard, Kentucky 
41702 has filed a petition to modify the application of 30 CFR 
75.388(a)(3) (boreholes in advance of mining) to its EAS #1 Mine (I.D. 
No. 15-02085) located in Perry County, Kentucky. The petitioner 
proposes to establish a 100 foot barrier line instead of a 200 foot 
barrier around two adjacent mines located in the same seam as the EAS 
#1 Mine. 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 May 6, 1999. 
Copies of these petitions are available for inspection at that address.

    Dated: March 26, 1999.
Carol J. Jones,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 99-8369 Filed 4-5-99; 8:45 am]
BILLING CODE 4510-43-P