[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]


=======================================================================
-----------------------------------------------------------------------

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