[Federal Register Volume 64, Number 85 (Tuesday, May 4, 1999)]
[Notices]
[Pages 23873-23875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11154]


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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. Consolidation Coal Company

[Docket No. M-1999-016-C]

    Consolidation Coal Company, Consol Plaza, 1800 Washington Road, 
Pittsburgh, Pennsylvania 15241-1421 has filed a petition to modify the 
application of 30 CFR 75.804(a) (underground high-voltage cables) to 
its Rend Lake Mine (I.D. No. 11-00601) located in Jefferson County, 
Illinois. 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.

2. Lone Mountain Processing, Inc.

[Docket No. M-1999-017-C]

    Lone Mountain Processing, Inc., P.O. Box 40, Pennington Gap, 
Virginia 24277 has filed a petition to modify the application of 30 CFR 
75.364(b)(2) (weekly examination) to its Darby Fork No. 1 Mine (I.D. 
No. 15-02263) located in Harlan County, Kentucky. Due to deteriorating 
roof conditions in certain

[[Page 23874]]

areas of the return air course, the petitioner proposes to establish 
three monitoring locations to evaluate the air entering and leaving the 
No. 3 East Main and No. 3 North Main return air course used to return 
air that ventilates the 7, 8, 11, and 12 Right Panels (5 East Main) to 
the main surface mine fan. The petitioner proposes also to (i) have a 
certified person conduct weekly evaluations at each monitoring location 
to measure the quality of air entering and leaving the monitoring 
location to determine the methane and oxygen concentrations using an 
MSHA approved hand-held device, and to measure the quantity of air at 
each monitoring location using an appropriate calibrated anemometer; 
(ii) have the examiner record the results of the examinations in a book 
kept on the surface with the date, time, and his/her initials and made 
available to all interested parties; (iii) conduct an investigation of 
the affected area whenever there is any significant difference in the 
quantities of air flow at or between the two monitoring stations; (iv) 
keep all monitoring locations and all approaches to the locations 
maintained in safe condition at all time; (v) post a sign in the main 
travelway that would show the safe travel route to each monitoring 
location; and (vi) instruct all personnel that no travel into the 
affected area of the air course is permitted, and fence off or 
barricade with ``Do Not Enter'' warning signs, all other approaches to 
these locations. The petitioner asserts that the proposed alternative 
method would provide at least the same measure of protection as would 
the mandatory standard.

3. Clinchfield Coal Company

[Docket No. M-1999-018-C]

    Clinchfield Coal Company, P.O. Box 7, Dante, Virginia 24237 has 
filed a petition to modify the application of 30 CFR 75.1710-1(a) 
(canopies or cabs; self propelled diesel-powered and electric face 
equipment; installation requirements) to its Roaring Fork No. 2 Mine 
(I.D. No. 44-06308) located in Dickenson County, Virginia. The 
petitioner proposes to operate its Long Airdox Un-A-Haulers Models CH 
810 and 828 electric face equipment without canopies in mining heights 
of less than 50 inches. The petitioner asserts that although the 
equipment at issue can be operated with canopies in a minimum height of 
48 inches, operating equipment with canopies in lesser heights exposes 
miners to increased danger, such as dislodgment of roof supports by the 
canopies, resulting in the increased probability of roof falls that 
could injure the equipment operator and other miners in the area. The 
petitioner asserts that application of the mandatory standard would 
result in a diminution of safety to the miners.

4. K and B Coal, Inc.

[Docket No. M-1999-019-C]

    K and B Coal, Inc., P.O. Box 2265, Pikeville, Kentucky 41502 has 
filed a petition to modify the application of 30 CFR 75.503 
(permissible electric face equipment; maintenance) to its Mine No. 1 
(I.D. No. 15-17984) located in Knott County, Kentucky. The petitioner 
proposes to use permanently installed spring-loaded locking devices on 
its mobile battery-powered machines instead of a padlock to prevent 
unintentional loosening of battery plugs from battery receptacles to 
eliminate the hazards associated with difficult removal of padlocks 
during emergency situations. The petitioner asserts that application of 
the mandatory 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. Webster County Coal Corporation

[Docket No. M-1999-020-C]

    Webster County Coal Corporation, St. Rt. 2668 120 E, Providence, 
Kentucky 42450 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 Dotiki Mine (I.D. No. 15-02132) located in 
Webster County, Kentucky. The petitioner proposes to use a 200 KW/250 
KVA, 480-volt diesel generator system for moving equipment in and out 
the Dotiki Mine. The petitioner has listed specific procedures, terms, 
and conditions in this petition to be followed when using this 
generator system. The petitioner asserts that the proposed alternative 
method would provide at least the same measure of protection as would 
the mandatory standard.

6. Jim Walter Resources, Inc.

[Docket No. M-1999-021-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. The petitioner states that due to hazardous 
conditions in the return air course entries, traveling certain areas of 
the air course would be unsafe. The petitioner proposes to establish 
evaluation points inby and outby the affected area and have a certified 
person examine these evaluations 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 mandatory 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.

7. ASARCO, Inc.

[Docket No. M-1999-002-M]

    ASARCO, Inc., P.O. Box 8, Hayden, Arizona 85235 has filed a 
petition to modify the application of 30 CFR 56.14100(a) (safety 
defects; examination, correction and records) to its Ray Complex Mine 
(I.D. No. 02-00150) located in Pinal County, Arizona. The petitioner 
requests a modification of the standard to permit the continued use of 
the procedures already in place for pre-shift examination of their 
buses. The petitioner proposes to have a qualified and competent driver 
to pre-shift inspect the buses for the oncoming shift at 8:00 a.m. to 
4:00 p.m., and have the operator drive the bus to the fuel island after 
the bus is thoroughly inspected, fuel the bus and drive it back to the 
pit office, and report any defects to the maintenance department for 
repair before the bus is placed into service. The petitioner states 
that (i) the buses are not used again until the bus drivers who deliver 
personnel for the 8:00 a.m. shift drive the bus into the pit at 7:50 
a.m.; (ii) the bus drivers who have completed that shift (12:00 a.m. to 
8:00 a.m.) drive the buses carrying the outgoing shift workers out of 
the pit; and (iii) by following the cycle for each shift, each bus 
receives a minimum of three pre-shift inspections every 24 hours, 
immediately prior to the start of the new shift. The petitioner asserts 
that application of the mandatory standard would result in 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.

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

[[Page 23875]]

Wilson Boulevard, Room 627, Arlington, Virginia 22203. All comments 
must be postmarked or received in that office on or before June 3, 
1999. Copies of these petitions are available for inspection at that 
address.

    Dated: April 26, 1999.
Carol J. Jones,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 99-11154 Filed 5-3-99; 8:45 am]
BILLING CODE 4510-43-U