[Federal Register Volume 64, Number 116 (Thursday, June 17, 1999)]
[Notices]
[Pages 32551-32554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15424]
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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. Snyder Coal Company
[Docket No. M-1999-030-C]
Snyder Coal Company, 66 Snyder Lane, Hegins, Pennsylvania 17938 has
filed a petition to modify the application of 30 CFR 75.360 (preshift
examination) to its Rattling Run Slope (I.D. No. 36-08713) located in
Schuylkill County, Pennsylvania. The petitioner requests a modification
of the mandatory standard to permit: (i) An alternative method of
examination and evaluation including a visual examination of each seal
for physical damage from the slope gunboat during the preshift
examination after an air quantity reading is taken just inby the intake
portal; (ii) an additional air reading and gas test for methane, carbon
dioxide and oxygen deficiency to be taken at the intake air split
location(s) just off the slope in the gangway portion of the working
section; and (iii) the examiner reading the air and gas test to record
the date, time, his/her initials, and the results of the readings at
these locations prior to anyone entering the mine. The petitioner
states that regardless of conditions found at the section evaluation
point, the slope will be traveled and physically examined in its
entirety on a monthly basis with the dates, times, and initials placed
at sufficient locations, the results of the examination will be
maintained on the surface, and all hazards will be corrected prior to
transporting personnel into the slope. The petitioner asserts that the
proposed alternative method would provide at least the same measure of
protection as would the mandatory standard.
2. Snyder Coal Company
[Docket No. M-1999-031-C]
Snyder Coal Company, 66 Snyder Lane, Hegins, Pennsylvania 17938 has
filed a petition to modify the application of 30 CFR 75.364(b)(1), (4)
[[Page 32552]]
and (5) (weekly examination) to its Rattling Run Slope (I.D. No. 36-
08713) located in Schuylkill County, Pennsylvania. The petitioner
proposes to: (i) Preshift 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 gangway level; (ii) travel
and thoroughly examine these areas for hazardous conditions once a
month; and (iii) have the examiner place the dates, times, and his/her
initials at appropriate locations and maintain records of the
examination on the surface. The petitioner states that due to
significant fall hazards, it would be unsafe to stop at every
ventilation control or opening along the steeply pitching intake
haulage and primary escapeway to conduct daily or weekly examinations.
The petitioner asserts that the proposed alternative method would
provide at least the same measure of protection as would the mandatory
standard.
3. Snyder Coal Company
[Docket No. M-1999-032-C]
Snyder Coal Company, 66 Snyder Lane, Hegins, Pennsylvania 17938 has
filed a petition to modify the application of 30 CFR 75.1100-2
(quantity and location of firefighting equipment) to its Rattling Run
Slope (I.D. No. 36-08713) located in Schuylkill County, Pennsylvania.
The petitioner requests a modification of the mandatory standard to
permit the use of portable fire extinguishers to replace existing
requirements where rock dust, water cars, and other water storage
equipped with three 10 quart pails is not practical. The petitioner
proposes to have two portable fire extinguishers near the slope bottom
and an additional portable fire extinguisher within 500 feet of the
working face. The petitioner asserts that the proposed alternative
method would provide at least the same measure of protection as would
the mandatory standard.
4. Snyder Coal Company
[Docket No. M-1999-033-C]
Snyder Coal Company, 66 Snyder Lane, Hegins, Pennsylvania 17938 has
filed a petition to modify the application of 30 CFR 75.1202 and
75.1201-1(a) (temporary notations, revisions, and supplements) to its
Rattling Run Slope (I.D. No. 36-08713) located in Schuylkill County,
Pennsylvania. The petitioner proposes to conduct mine surveys and
revise and supplement mine maps annually instead of every 6 months as
required, and to update maps daily by hand notations. The petitioner
also proposes to conduct surveys prior to commencing retreat mining and
whenever a drilling program under 30 CFR 75.388 or plan for mining into
inaccessible areas under 30 CFR 75.389 is required. The petitioner
asserts that 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.
5. Snyder Coal Company
[Docket No. M-1999-034-C]
Snyder Coal Company, 66 Snyder Lane, Hegins, Pennsylvania 17938 has
filed a petition to modify the application of 30 CFR 75.1400 (hoisting
equipment; general) to its Rattling Run Slope (I.D. No. 36-08713)
located in Schuylkill 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 an 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.
6. Sea ``B'' Mining Company
[Docket No. M-1999-035-C]
Sea ``B'' Mining 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 Silver Creek Mine (I.D.
No. 44-06895) located in Tazewell County, Virginia. The petitioner
requests that the Proposed Decision and Order for its previously
granted petition, docket number M-98-033-C, modifying the application
of 30 CFR 75.1710(1)(a), be amended to include the following equipment:
three center-driven Joy 21SC shuttle cars, Serial Nos. ET10956,
ET11195, ET14880; Long Airdox Scoop 482, Serial No. 482-2229; and
Fletcher Roof Bolting Machine, Model RRII-15 W/T-Bar ATRS, Serial No.
96053. The petitioner asserts that using canopies on this equipment in
mining heights less that 46 inches would result in a diminution of
safety to the miners.
7. Mountain Coal Company, L.L.C
[Docket No. M-1999-036-C]
Mountain Coal Company, L.L.C, P.O. Box 591, Somerset, Colorado
81434 has filed a petition to modify the application of 30 CFR
75.325(g)(1) (air quantity) 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 minimum ventilating
air quantity in the last open crosscut of each set of entries or rooms
in a working section or areas where mechanized mining equipment is
being installed or removed to be a summation of the air quantity
measured in both the last open crosscut and in the ventilation tubing
which is periodically located one crosscut outby the last open
crosscut. The petitioner proposes to: (i) Have an auxiliary exhaust fan
and ventilation tubing in a working section with a large percentage of
the section's total air quantity coursed through the fan's tubing
thereby routing diesel emissions directly to the return air course;
(ii) have the ventilation tubing located one crosscut outby the last
open crosscut after connecting the return side crosscut, which then
becomes the last open crosscut, and prior to connecting the entire line
of the adjacent crosscuts; and (iii) maintain a minimum air quantity of
9,500 CFM through the newly developed last open crosscut to account for
minimal diesel usage in the newly developed entry and crosscut. The
petitioner states that the total air volume in the newly developed last
open crosscut and in the ventilation tubing located one crosscut outby
will meet or exceed the sum of the approval plates of all diesel
powered equipment operating in the working section; after the entire
line of the adjacent crosscuts are developed, the auxiliary fan and
associated tubing will be advanced prior to completing the second
preparation shift in the section; and 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.
8. Mingo Logan Coal Company
[Docket No. M-1999-037-C]
Mingo Logan Coal Company, 1000 Mingo Logan Avenue, Wharncliffe,
West Virginia 25651 has filed a petition to modify the application of
30 CFR 75.350 (air courses and belt haulage entries) to its Mountaineer
Alma A Mine (I.D. No. 46-08730) located in Mingo County, West Virginia.
The petitioner proposes to use an automatic fire detection system based
on carbon monoxide monitoring of underground conveyor belt entries to
allow air coursed through such entries to be used to ventilate
[[Page 32553]]
working faces. The petitioner proposes to install a carbon monoxide
monitoring system as an early warning fire detection system in all
conveyor belt entries used to course intake air to a working place. The
petitioner has outlined in this petition specific installation, design,
and maintenance procedures for using its carbon monoxide monitoring
system. The petitioner asserts that the proposed alternative method
would provide at least the same measure of protection as would the
mandatory standard.
9. Cyprus Emerald Resources Corporation
[Docket No. M-1999-038-C]
Cyprus Emerald Resources Corporation, One Oxford Centre, 301 Grant
Street, 20th Floor, Pittsburgh, Pennsylvania 15219 has filed a petition
to modify the application of 30 CFR 75.351(c) (Atmospheric Monitoring
System (AMS)) to its Emerald Mine No. 1 (I.D. No. 36-05466) located in
Greene County, Pennsylvania. The petitioner requests a modification of
the mandatory standard as it pertains to the location of the CO sensors
for power centers and battery charging stations. The petitioner
proposes to install sensors in the most appropriate location to detect
products of combustion in an area between 0 and 100 feet of the power
center or battery charging station where power centers or battery
charging stations are located in crosscuts along intake air courses and
where CO monitors or smoke sensors are used. The petitioner states that
because of the relatively low airflow in crosscuts in the intake air
courses, carbon monoxide or smoke would be monitored with sensors and/
or smoke detectors operated in accordance with 30 CFR 75.351, and
located closer to the power center or battery charging station than
required by the standard. 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.
10. Canyon Fuel Company, LLC
[Docket No. M-1999-039-C]
Canyon Fuel Company, LLC, 397 South 800 West, Salina, Utah 84654
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 SUFCO Mine (I.D. No.42-00089) located in Sevier
County, Utah. The petitioner proposes to use a 420 KW/525 KVA, 480-volt
diesel-powered generator system to move equipment in and out of and to
perform minor mining activities in the mine. The petitioner has listed
in this petition specific terms and conditions for using the generator
system. The petitioner states that proper testing procedures training
will be conducted for all operators prior to using the generator
system. 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-1999-040-C]
Canyon Fuel Company, LLC, 397 South 800 West, Salina, Utah 84654
has filed a petition to modify the application of 30 CFR 75.901
(protection of low- and medium-voltage three-phase circuits used
underground) to its SUFCO Mine (I.D. No.42-00089) located in Sevier
County, Utah. The petitioner proposes to use a 420 KW/525 KVA, 480-volt
diesel-powered generator system to move equipment in and out of and to
perform minor mining activities in the mine. The petitioner has listed
in this petition specific terms and conditions that would be
implemented when using the generator system. The petitioner states that
proper testing procedures training will be conducted for all operators
prior to using the generator system. The petitioner asserts that the
proposed alternative method would provide at least the same measure of
protection as would the mandatory standard.
12. Five Star Mining, Inc.
[Docket No. M-1999-041-C]
Five Star Mining, Inc., 6594 West State Road 56, Petersburg,
Indiana 47567 has filed a petition to modify the application of 30 CFR
75.1700 (oil and gas wells) to its Prosperity Mine (I.D. No. 12-02249)
located in Pike County, Indiana. The petitioner proposes to plug oil
and gas wells and then mine through or near the plugged wells whenever
the safety barrier diameter is reduced to a distance less than the
District Manager would approve under 30 CFR 75.1700. The petitioner has
described in this petition the techniques that would be used to plug
oil and gas wells, and has listed specific procedures that would be
used when mining through or near plugged wells. The petitioner asserts
that the proposed alternative method would provide at least the same
measure of protection as would the mandatory standard and will not
result in a diminution of safety to the miners.
13. R S & W Coal Company, Inc.
[Docket No. M-1999-042-C]
R S & W Coal Company, Inc., R.D. 1, Box 36, Klingerstown,
Pennsylvania 17941 has filed a petition to modify the application of 30
CFR 75.1312(e)(1) (explosives and detonators in underground magazines)
to its R S & W Drift (I.D. No. 36-01818) anthracite mine located in
Schuylkill County, Pennsylvania. The petitioner proposes to store
explosives and detonators in gangways at least 10 feet from roadways
and any source of electrical current rather than the minimum distance
of 25 feet required by the standard. The petitioner asserts that the
proposed alternative method would provide at least the same measure of
protection as would the mandatory standard.
14. R S & W Coal Company, Inc.
[Docket No. M-1999-043-C]
R S & W Coal Company, Inc., R.D. 1, Box 36, Klingerstown,
Pennsylvania 17941 has filed a petition to modify the application of 30
CFR 75.1310(a) (explosives and blasting equipment) to its R S & W Drift
(I.D. No. 36-01818) located in Schuylkill County, Pennsylvania. The
petitioner proposes to use non-permissible primacord in each borehole
to ensure detonation of the entire column of powder in the underground
long hole method of mining anthracite coal used at the mine. The
petitioner asserts that the proposed alternative method would provide
at least the same measure of protection as would the mandatory
standard.
15. Energy West Mining Company
[Docket No. M-1999-044-C]
Energy West Mining Company, P.O. Box 310, Huntington, Utah 84528
has filed a petition to modify the application of 30 CFR 75.350 (air
courses and belt haulage entries) to its Deer Creek Mine (I.D. No. 42-
00121) located in Emery County, Utah. The petitioner requests that some
of the requirements in the Decision and Order (D&O) for it previously
granted petition, docket number M-96-01-C, be amended because the
requirements have proven to be outdated due to changes in circumstances
that originally supported the terms and conditions of the D&O. The
petitioner asserts that the proposed alternative method would provide
at least the same measure of protection as would the granted D&O and
will not result in a diminution of safety provided by the existing
standard.
[[Page 32554]]
16. B. and B. Coal Company
[Docket No. M-1999-045-C]
B. and B. Coal Company, 225 Main Street, Joliett, Tremont,
Pennsylvania 17981 has filed a petition to modify the application of 30
CFR 75.1312(e)(1) (explosives and detonators in underground magazines)
to its Rock Ridge No. 1 Slope (I.D. No. 36-07741) anthracite mine
located in Schuylkill County, Pennsylvania. The petitioner proposes to
store explosives and detonators in gangways at least 10 feet from
roadways and any source of electric current rather than the 25 feet
required by the standard. The petitioner asserts that the proposed
alternative method would provide at least the same measure of
protection as would the mandatory standard.
17. Twentymile Coal Company
[Docket No. M-1999-046-C]
Twentymile Coal Company, One Oxford Centre, 30 Grant Street, 20th
Floor, Pittsburgh, Pennsylvania 15219-1410 has filed a petition to
modify the application of 30 CFR 75.500(d) (permissible electric
equipment) to its Foidel Creek Mine (I.D. No. 05-03836) located in
Routt County, Colorado. The petitioner requests a modification of the
mandatory standard to permit use of low voltage or battery operated
non-permissible electronic testing and diagnostic equipment inby the
last open crosscut and in its continuous miner development sections.
The petitioner asserts that the proposed alternative method would
provide at least the same measure of protection as would the mandatory
standard.
18. Little Buck Coal Company
[Docket No. M-1999-047-C]
Little Buck Coal Company, R.D. #4, Box 395, Pine Grove,
Pennsylvania 17963 has filed a petition to modify the application of 30
CFR 75.1200(d) & (i) (mine map) to its #3 Slope Buck Mtn. (I.D. No. 36-
08568) 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.
19. Little Buck Coal Company
[Docket No. M-1999-048-C]
Little Buck Coal Company, R.D. #4, Box 395, Pine Grove,
Pennsylvania 17963 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 #3 Slope Buck Mtn. Mine (I.D. No. 36-08568) located
in Schuylkill County, Pennsylvania. The petitioner proposes to survey,
revise, and supplement mine maps annually instead of every 6 months, as
required, to update maps daily by hand notations, and to conduct
additional surveys prior to commencing retreat mining and whenever
either a drilling program under 30 CFR 75.388 or plan for mining into
inaccessible areas under 30 CFR 75.389 is required. 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.
20. Dally Slate Company and American Bangor Slate & Stone
[Docket No. M-1999-004-C]
Dally Slate Company and American Bangor Slate & Stone, P.O. Box 27,
Pen Argyl, Pennsylvania 18072 have filed a petition to modify the
application of 30 CFR 57.19007 (overtravel and overspeed devices) to
the Dally 2 Pit; Diamond Mine (I.D. No. 36-08597) and the American
Bangor Slate & Stone Mine (I.D. No. 36-04864) located in Northampton
County, Pennsylvania. The petitioner requests a modification of the
mandatory standard to permit the use of a stand-by engineer, instead of
a mechanical device, to prevent overtravel or overspeed in the event of
a sudden health problem of the operating engineer that impairs his/her
ability to operate the hoist. The petitioner asserts that the proposed
alternative method would provide at least the same measure of
protection as would the mandatory standard.
21. Williams & Sons Slate & Tile, Inc.
[Docket No. M-1999-005-M]
Williams & Sons Slate & Tile, Inc., 6596 Sullivan Trail, Wind Gap,
Pennsylvania 18091-9798 has filed a petition to modify the application
of 30 CFR 57.19007 (overtravel and overspeed devices) to its Sreebs
Slate 7 Stone Co., Inc. Mine (I.D. No. 36-07156) located in Northampton
County, Pennsylvania. The petitioner requests a modification of the
mandatory standard to permit the use of a stand-by engineer, instead of
a mechanical device, to prevent overtravel or overspeed in the event of
a sudden health problem of the operating engineer that impairs his/her
ability to operate the hoist. The petitioner asserts that application
of the standard would result in a diminution of safety.
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 July 19,
1999. Copies of these petitions are available for inspection at that
address.
Dated: June 10, 1999.
Carol J. Jones,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 99-15424 Filed 6-16-99; 8:45 am]
BILLING CODE 4510-43-U