[Federal Register Volume 64, Number 197 (Wednesday, October 13, 1999)]
[Notices]
[Pages 55492-55495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26695]


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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. CONSOL of Kentucky, Inc.

[Docket No. M-1999-074-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 Mousie H4 Mine (I.D. No. 15-18166) located in 
Knott County, Kentucky. The petitioner proposes to use a single 
overhead pipe system with \1/2\-inch orifice automatic sprinklers 
located on 10-foot centers, 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, and to locate the automatic sprinklers 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. 
The petitioner asserts that the proposed alternative method would 
provide at least the same measure of protection as the mandatory 
standard.

2. Independence Coal Company, Inc.

[Docket No. M-1999-075-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 Cedar Grove Mine No. 1 (I.D. No. 46-
08603)

[[Page 55493]]

located in Boone County, West Virginia. The petitioner proposes to plug 
and mine through oil and gas wells and to notify the District Manager 
or designee prior to mining within 300 feet of the well. The petitioner 
asserts that the proposed alternative method will not result in a 
diminution of safety to the miners.

3. Consolidation Coal Company

[Docket No. M-1999-076-C]

    Consolidation Coal Company, Consol Plaza, 1800 Washington Road, 
Pittsburgh, Pennsylvania 15241-1421 has filed a petition to modify the 
application of 30 CFR 75.503 (permissible electric face equipment; 
maintenance) to its Shoemaker Mine (I.D. No. 46-01436) located in 
Marshall County, West Virginia. The petitioner proposes to use trailing 
cables greater than 500 feet in length on face equipment during 
longwall panel development. The cables would not exceed 1,000 feet in 
length. The petitioner asserts that the proposed alternative method 
would provide at least the same measure of protection as the mandatory 
standard.

4. CONSOL of Kentucky, Inc.

[Docket No. M-1999-077-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 75.701 (grounding metallic frames, casings, and 
other enclosures of electric equipment) to its Mousie H4 Mine (I.D. No. 
15-18166) located in Knott County, Kentucky. The petitioner proposes to 
obtain a low and medium voltage, three-phase, alternating current for 
use underground from a portable diesel-driven generator and to connect 
the neutral of the generator's transformer secondary through a suitable 
resistor to the frame of the diesel generator. The petitioner states 
that the frame of the diesel generator will not have solid connection 
to a borehole casing, a metal waterline, or a grounding conductor with 
a low resistance to earth. The petitioner has listed in this petition 
specific terms and conditions for implementing its proposed alternative 
method. The petitioner asserts that the proposed alternative method 
would provide at least the same measure of protection as the mandatory 
standard.

5. Consolidation Coal Company

[Docket No. M-1999-078-C]

    Consolidation Coal Company, Consol Plaza, 1800 Washington Road, 
Pittsburgh, Pennsylvania 15241-1421 has filed a petition to modify the 
application of 30 CFR 75.503 (permissible electric face equipment; 
maintenance) to its Dilworth Mine (I.D. No. 36-04281) located in Greene 
County, Pennsylvania. The petitioner proposes to use trailing cables 
greater than 500 feet in length on face equipment during longwall panel 
development. The cables would not exceed 900 feet in length. The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as the mandatory standard.

6. Freeman United Coal Mining Company

[Docket No. M-1999-079-C]

    Freeman United Coal Mining Company, 1999 Wabash Avenue, Suite 200B, 
Springfield, Illinois 62704-5364 has filed a petition to modify the 
application of 30 CFR 75.332(a)(2) (working sections and working 
places) to its Crown II Mine (I.D. No. 11-02236) located in Macoupin 
County, Illinois. The petitioner proposes to cut coal simultaneously 
using a reliable radio communication between two continuous miners on 
each of the mine's supersections to ensure that the continuous miners 
are not cutting coal simultaneously. The petitioner states that the 
continuous miner will not cut roof, ribs, face, or bottom during the 
cleanup phase when loading out loose coal or rock from the mine floor. 
The petitioner has listed in this petition specific procedures and 
conditions for implementing its proposed alternative method. The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as the mandatory standard.

7. Wayne Processing, Inc.

[Docket No. M-1999-080-C]

    Wayne Processing, Inc., PO Box 262, Toler, Kentucky 41569 has filed 
a petition to modify the application of 30 CFR 75.503 (permissible 
electric face equipment; maintenance) to its No. 1 Mine (I.D. No. 46-
01329) located in Boone County, West Virginia. The petitioner proposes 
to use a spring-loaded locking device to secure battery plugs to 
machine mounted receptacles instead of using padlocks. The petitioner 
asserts that the proposed alternative method would provide at least the 
same measure of protection as the mandatory standard.

8. Sheep Fork Energy, Inc.

[Docket No. M-1999-081-C]

    Sheep Fork Energy, Inc., PO Box 262, Toler, Kentucky 41569 has 
filed a petition to modify the application of 30 CFR 75.503 
(permissible electric face equipment; maintenance) to its No. 6 Mine 
(I.D. No. 15-17826) located in Pike County, Kentucky. The petitioner 
proposes to use a spring-loaded locking device to secure battery plugs 
to machine mounted receptacles instead of using padlocks. The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as the mandatory standard.

9. Jim Walter Resources, Inc.

[Docket No. M-1999-082-C]

    Jim Walter Resources, Inc., PO Box 133, Brookwood, Alabama 35444 
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 No. 4 Mine (I.D. No. 01-01247), its No. 5 Mine (I.D. 
No. 01-01322) and its No. 7 Mine (I.D. No. 01-01401) all located in 
Tuscaloosa County, Alabama. The petitioner proposes to use one 480-
volt, three-phase, 260 KW/325KVA diesel-powered generator set supplying 
power to a 250 KVA three-phase transformer and three-phase circuits to 
move equipment in and out of the mine 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 and 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 the mandatory standard.

10. Garrett Mining, Inc.

[Docket No. M-1999-083-C]

    Garrett Mining, Inc., PO Box 262, Toler, Kentucky 41569 has filed a 
petition to modify the application of 30 CFR 75.503 (permissible 
electric face equipment; maintenance) to its Hazard Mine (I.D. No. 15-
17612), and its No. 2 Mine (I.D. No. 15-08079) both located in Pike 
County, Kentucky. The petitioner proposes to use a spring-loaded 
locking device to secure battery plugs to machine mounted receptacles 
instead of using padlocks. The petitioner asserts that the proposed 
alternative method would provide at least the same measure of 
protection as the mandatory standard.

11. Hutchinson Salt Company

[Docket No. M-1999-012-M]

    Hutchinson Salt Company, 3300 Carey Blvd., Hutchinson, Kansas 
67501-

[[Page 55494]]

9604 has filed a petition to modify the application of 30 CFR 49.5 
(mine rescue station) to its Hutchinson Salt Company Mine (I.D. No. 14-
00412) located in Reno County, Kansas. The petitioner proposes to: (i) 
Have mine rescue equipment centrally located at each individual mine 
for easier inspection, test, and required oxygen training every two 
months; (ii) have six approved contained oxygen breathing apparatus and 
other rescue equipment available at each mine site; and (iii) have 
rescue equipment available for re-entry after an electrical malfunction 
that causes smoke evacuation or as back-up units for local fire 
departments during community disasters. The petitioner states that 
rescue stations located at each mine will lessen the chance of rescue 
equipment being destroyed by an act of nature or theft. In addition, 
the petitioner asserts that the proposed alternative method will not 
reduce the safety of the miners.

12. Lyons Salt Company

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

    Lyons Salt Company, 1660 Ave. N, P.O. Box 87, Lyons, Kansas 67554 
has filed a petition to modify the application of 30 CFR 49.5 (mine 
rescue station) to its Lyons Salt Company Mine (I.D. No. 14-00413) 
located in Rice County, Kansas. The petitioner proposes to: (i) Have 
mine rescue equipment centrally located at each individual mine for 
easier inspection, test, and required oxygen training every two months; 
(ii) have six approved contained oxygen breathing apparatus and other 
rescue equipment available at each mine site; and (iii) have the 
equipment available for re-entry after an electrical malfunction that 
causes smoke evacuation or as back-up units for local fire departments 
during community disasters. The petitioner states that rescue stations 
located at each mine will lessen the chance of rescue equipment being 
destroyed by an act of nature or theft. In addition, the petitioner 
asserts that the proposed alternative method will not reduce the safety 
of the miners.

13. G-P Gypsum Corporation

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

    G-P Gypsum Corporation, 2127 Highway 77 North, Blue Rapids, Kansas 
66411 has filed a petition to modify the application of 30 CFR 49.5 
(mine rescue station) to its Blue Rapids Mine and Mill (I.D. No. 14-
00309) located in Marshall County, Kansas. The petitioner proposes to: 
(i) Have mine rescue equipment centrally located at each individual 
mine for easier inspection, test, and required oxygen training every 
two months; (ii) have six approved contained oxygen breathing apparatus 
and other rescue equipment available at each mine site; and (iii) have 
the equipment available for re-entry use after an electrical 
malfunction that causes smoke evacuation or as back-up units for local 
fire departments during community disasters. The petitioner states that 
rescue stations located at each mine will lessen the chance of rescue 
equipment being destroyed by an act of nature or theft. In addition, 
the petitioner asserts that the proposed alternative method will not 
reduce the safety of the miners.

14. Lyons Salt Company

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

    Lyons Salt Company, 1660 Ave. N, P.O. Box 87, Lyons, Kansas 67554 
has filed a petition to modify the application of 30 CFR 49.6(a)(4) 
(equipment and maintenance requirements) to its Lyons Salt Company Mine 
(I.D. No. 14-00413) located in Rice County, Kansas. The petitioner 
requests a modification of the standard relating to equipment for 
recharging cylinders since suppliers of oxygen with capabilities of 
pumping the cylinders are within the time limit provided by the extra 
cylinders required by each unit. The petitioner states that the Kansas 
Mine Rescue Association members will have a total of twenty-four 
breathing apparatus at their disposal so immediate turn-around of any 
single unit is not extremely critical, and that shortly after 
notification of a mine disaster the district MSHA rescue team will 
arrive at the mine site with a portable oxygen pump. The petitioner 
asserts that application of the proposed alternative method will not 
compromise the safety to the miners.

15. Hutchinson Salt Company

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

    Hutchinson Salt Company, 3300 Carey Blvd., Hutchinson, Kansas 
67501-9604 has filed a petition to modify the application of 30 CFR 
49.6(a)(4) (equipment and maintenance requirements) to its Hutchinson 
Salt Company Mine (I.D. No. 14-00412) located in Reno County, Kansas. 
The petitioner requests a modification of the standard relating to 
equipment for recharging cylinders since suppliers of oxygen with 
capabilities of pumping the cylinders are within the time limit 
provided by the extra cylinders required by each unit. The petitioner 
states that the Kansas Mine Rescue Association members will have a 
total of twenty-four breathing apparatus at their disposal so immediate 
turn-around of any single unit is not extremely critical, and that 
shortly after notification of a mine disaster the district MSHA rescue 
team will arrive at the mine site with a portable oxygen pump. The 
petitioner asserts that application of the proposed alternative method 
will not compromise the safety of the miners.

16. G-P Gypsum Corporation

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

    G-P Gypsum Corporation, 2127 Highway 77 North, Blue Rapids, Kansas 
66411 has filed a petition to modify the application of 30 CFR 
49.6(a)(4) (equipment and maintenance requirements) to its (I.D. No. 
14-00309) located in Marshall County, Kansas. The petitioner requests a 
modification of the standard relating to equipment for recharging 
cylinders since suppliers of oxygen with capabilities of pumping the 
cylinders are within the time limit provided by the extra cylinders 
required by each unit. The petitioner states that the Kansas Mine 
Rescue Association members will have a total of twenty-four breathing 
apparatus at their disposal so immediate turn-around of any single unit 
is not extremely critical, and that shortly after notification of a 
mine disaster the district MSHA rescue team will arrive at the mine 
site with a portable oxygen pump. The petitioner asserts that 
application of the proposed alternative method will not compromise the 
safety of the miners.

17. Independent Salt Company

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

    Independent Salt Company, PO Box 36, Kanopolis, Kansas 67454 has 
filed a petition to modify the application of 30 CFR 49.5 (mine rescue 
station) to its Independent Salt Company Mine (I.D. No.14-00411) 
located in Ellsworth County, Kansas. The petitioner proposes to: (i) 
Have mine rescue equipment centrally located each individual mine for 
easier inspection, test, and required oxygen training every two months; 
(ii) have six approved contained oxygen breathing apparatus and other 
rescue equipment available at each mine site; and (iii) have the 
equipment available for re-entry use after an electrical malfunction 
that causes smoke evacuation or as back-up units for local fire 
departments during community disasters. The petitioner states that to 
have rescue stations located at each mine will lessen the chance of 
rescue equipment being destroyed by an act of nature or theft. In 
addition, the petitioner asserts that the proposed alternative method 
will not reduce the safety of the miners.

[[Page 55495]]

18. Independent Salt Company

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

    Independent Salt Company, PO Box 36, Kanopolis, Kansas 67454 has 
filed a petition to modify the application of 30 CFR 49.6(a)(4) 
(equipment and maintenance requirements) to its Independent Salt 
Company Mine (I.D. No. 14-00411) located in Ellsworth County, Kansas. 
The petitioner requests a modification of the standard relating to 
equipment for recharging cylinders since suppliers of oxygen with 
capabilities of pumping the cylinders are within the time limit 
provided by the extra cylinders required by each unit. The petitioner 
states that the Kansas Mine Rescue Association members will have a 
total of twenty-four breathing apparatus at their disposal so immediate 
turn-around of any single unit is not extremely critical, and that 
shortly after notification of a mine disaster the district MSHA rescue 
team will arrive at the mine site with a portable oxygen pump. The 
petitioner asserts that application of the proposed alternative method 
will not compromise the safety of the miners.

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 November 12, 
1999. Copies of these petitions are available for inspection at that 
address.

    Dated: October 4, 1999.
Carol J. Jones,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 99-26695 Filed 10-12-99; 8:45 am]
BILLING CODE 4510-43-P