[Federal Register Volume 65, Number 126 (Thursday, June 29, 2000)]
[Notices]
[Pages 40140-40143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16486]


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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 existing safety standards under section 101(c) of the 
Federal Mine Safety and Health Act of 1977.

1. Plateau Mining Company

[Docket No. M-2000-046-C]

    Plateau Mining Company, One Oxford Centre, 301 Grant Street, 20th 
Floor,

[[Page 40141]]

Pittsburgh, Pennsylvania 15219-1410 has filed a petition to modify the 
application of 30 CFR 75.364(b)(2) (weekly examination) to its Star 
Point No. 2 Mine (I.D. No. 42-00171) located in Carbon County, Utah. 
Due to deteriorating roof and rib conditions in a portion of the Star 
Point No. 2 Mine, the petitioner proposes to establish check points to 
examine the affected area instead of traveling the area in its 
entirety, and to evaluate the evaluation points on a weekly basis. The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as the existing standard and 
that application of the existing standard would result in a diminution 
of safety to the miners.

2. Bowie Resources, Ltd.

[Docket No. M-2000-047-C]

    Bowie Resources, Ltd., P.O. Box 1488, 1720 4010 Drive, Paonia, 
Colorado 81428 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 Bowie Mine (I.D. No. 05-04591) located in 
Delta County, Colorado. The petitioner proposes to use a 460 KW, 480 
volt, wye connected diesel powered generator for utility power and to 
move electrically powered mining equipment throughout the mine. The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as the existing standard.

3. Bowie Resources, Ltd.

[Docket No. M-2000-048-C]

    Bowie Resources, Ltd., P.O. Box 1488, 1720 4010 Drive, Paonia, 
Colorado 81428 has filed a petition to modify the application of 30 CFR 
75.901(a) (protection of low-and medium-voltage three-phase circuits 
used underground) to its Bowie Mine (I.D. No. 05-04591) located in 
Delta County, Colorado. The petitioner proposes to use a 460 KW, 480 
volt, wye connected diesel powered generator to move and operate 
electrically powered mobile equipment and stationary equipment 
throughout the mine. The petitioner asserts that the proposed 
alternative method would provide at least the same measure of 
protection as the existing standard.

4. Bowie Resources, Ltd.

[Docket No. M-2000-049-C]

    Bowie Resources, Ltd., P.O. Box 1488, 1720 4010 Drive, Paonia, 
Colorado 81428 has filed a petition to modify the application of 30 CFR 
75.500(d) (permissible electric equipment) to its Bowie Mine (I.D. No. 
05-04591) located in Delta County, Colorado. The petitioner proposes to 
use the following nonpermissible low-voltage or battery powered 
electronic testing and diagnostic equipment inby the last open 
crosscut: lap top computers, oscilloscopes, vibration analysis 
machines, cable fault detectors, point temperature probes, infrared 
temperature devices, resistance measurement devices, recorders, 
pressure and flow measurement devices, current measurement devices, 
signal analyzer devices, thickness gauges, power analyzers, component 
testers, electronic tachometers, and volt ohm meters. The petitioner 
has listed in this petition for modification specific procedures that 
would be followed when using this equipment. The petitioner asserts 
that the proposed alternative method would provide at least the same 
measure of protection as the existing standard.

5. Bowie Resources, Ltd.

[Docket No. M-2000-050-C]

    Bowie Resources, Ltd., P.O. Box 1488, 1720 4010 Drive, Paonia, 
Colorado 81428 has filed a petition to modify the application of 30 CFR 
75.1002-1(a) (location of trolley wires, trolley feeder wires, high-
voltage cables and transformers) to its Bowie Mine (I.D. No. 05-04591) 
located in Delta County, Colorado. The petitioner proposes to use the 
following nonpermissible low-voltage or battery powered electronic 
testing and diagnostic equipment inby the last open crosscut: lap top 
computers, oscilloscopes, vibration analysis machines, cable fault 
detectors, point temperature probes, infrared temperature devices, 
resistance measurement devices, recorders, pressure and flow 
measurement devices, current measurement devices, signal analyzer 
devices, thickness gauges, power analyzers, component testers, 
electronic tachometers, and volt ohm meters. The petitioner has listed 
in this petition for modification specific procedures that would be 
followed when using this equipment. The petitioner asserts that the 
proposed alternative method would provide at least the same measure of 
protection as the existing standard.

6. Alex Energy, Inc.

[Docket No. M-2000-051-C]

    Alex Energy, Inc., P.O. Box 857, Summersville, West Virginia 26651 
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 Jerry Fork Eagle Mine (I.D. No. 46-08787) 
located in Nicholas County, West Virginia. The petitioner proposes to 
use high-voltage longwall mining equipment, with the nominal voltage of 
the longwall power circuits not to exceed 4,160 volts. The petitioner 
asserts that the proposed alternative method would provide at least the 
same measure of protection as the existing standard.

7. Perry County Coal Corporation

[Docket No. M-2000-052-C]

    Perry County Coal Corporation, P.O. Box 5001, Hazard, Kentucky 
41702 has filed a petition to modify the application of 30 CFR 
75.1911(d) (fire suppression systems for diesel-powered equipment and 
fuel transportation units) to its Eas #1 Mine (I.D. No. 15-02085) 
located in Perry County, Kentucky. The petitioner proposes to use 
either manual fire suppression actuators or the automatic fire 
suppression system, without the automatic engine shut-down portion, on 
the 35 ton locomotives and the 12 ton locomotives which haul coal and 
empty mine cars for all rail haulage. The petitioner asserts that if 
the diesel locomotive engines were to shut down, the brakes would lock 
up, causing the coal cars to create a train reaction and derail the 
locomotive causing injury to the locomotive operator. The petitioner 
asserts that the proposed alternative method would provide at least the 
same measure of protection as the existing standard.

8. Rustler Coal Company

[Docket No. M-2000-053-C]

    Rustler Coal Company, 66 South Tremont Street, Zerbe, Pennsylvania 
17981 has filed a petition to modify the application of 30 CFR 49.2(b) 
(availability of mine rescue teams) to its Orchard Slope Mine (I.D. No. 
36-08346) located in Schuylkill County, Pennsylvania. The petitioner 
requests a modification of the standard to permit the reduction of two 
mine rescue teams with five members and one alternate each, to two mine 
rescue teams of three members with one alternate for either team. The 
petitioner asserts that application of the existing standard would 
result in a diminution of safety to the miners and members of the 
rescue team and that the proposed alternative method would provide at 
least the same measure of protection as the existing standard.

9. Wayne Processing, Inc.

[Docket No. M-2000-054-C]

    Wayne Processing, Inc., 22 Hampton Road, Buckhannon, West Virginia 
26201

[[Page 40142]]

has filed a petition to modify the application of 30 CFR 75.350 (air 
courses and belt haulage entries) to its Spruce Fork Mine No. 1 (I.D. 
No. 46-08622) located in Upshur County, West Virginia. The petitioner 
requests a modification of the standard to allow air coursed through 
belt haulage entries to be used to ventilate active working places. The 
petitioner proposes to install a low-level carbon monoxide detection 
system in all belt entries at certain locations as an early warning 
fire detection system. The petitioner also proposes to adhere to other 
conditions. The petitioner asserts that the proposed alternative method 
would provide at least the same measure of protection as the existing 
standard.

10. RAG Cumberland Resources LP

[Docket No. M-2000-055-C]

    RAG Cumberland Resources LP, One Oxford Centre, 301 Grant Street, 
20th Floor, Pittsburgh, Pennsylvania 15219-1410 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 
Cumberland Mine (I.D. No. 36-05018) located in Greene County, 
Pennsylvania. The petitioner requests that the Proposed Decision and 
Order (PDO) for its previously granted petition, docket number M-92-99-
C, be amended. The petitioner requests that Item #29 of the PDO be 
amended to allow the widths and lengths of its panels to be increased, 
and that Item #31 of the PDO be amended to read as follows: A primary 
escapeway maintained in accordance with 30 CFR 75.380 shall be provided 
on the headgate end of all longwall panels. The petitioner asserts that 
the proposed alternative method would provide at least the same measure 
of protection as the existing standard.

11. Dominion Coal Corporation

[Docket No. M-2000-056-C]

    Dominion Coal Corporation, P.O. Box 70, Vansant, Virginia 24656 has 
filed a petition to modify the application of 30 CFR 77.214(a) (refuse 
piles; general) to its Dominion Mine No. 22 (I.D. No. 44-06645) located 
in Buchanan County, Virginia. The petitioner requests a modification of 
the existing standard to allow abandoned mine openings to be covered 
with coarse refuse material for the Dominion Mine No. 22, MSHA Site ID 
#1211-VA5-0335-01. The petitioner proposes to construct a refuse bench 
fill in abandoned mine openings using the specific plans and procedures 
outlined in this petition for modification. The petitioner asserts that 
the proposed alternative method would provide at least the same measure 
of protection as the existing standard.

12. Basic Mining Corp.

[Docket No. M-2000-084-C]

    Basic Mining Corp., P.O. Box 1197, Vansant, Virginia 24656 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 Mine No. 2 (I.D. No. 44-
05032) located in Dickenson County, Virginia. The petitioner requests a 
modification of the existing standard to permit its Joy 21 SC Shuttle 
Cars, Joy 14CM Miners, and Long Airdox LRB15A Roof Drills to be 
operated without canopies. The petitioner asserts that application of 
the existing standard would result in a diminution of safety of the 
miners and that the proposed alternative method would provide at least 
the same measure of protection as the existing standard.

13. FMC Corporation

[Docket No. M-2000-003-M]

    FMC Corporation, P.O. Box 872, Green River, Wyoming 82935 has filed 
a petition to modify the application of 30 CFR 57.22305 (approved 
Equipment (III mines)) to its Westvaco Mine (I.D. No. 48-00152) located 
in Sweetwater County, Wyoming. The petitioner proposes to use a 
cordless drill or other equivalent drills to install surveying spads in 
the mine roof to minimize the potential of developing cumulative trauma 
disorders in the wrists, elbows, and shoulders of the surveyors. The 
petitioner states that methane will be tested before using the drills 
and if one percent or more of methane is found, drilling will not begin 
and that drilling will cease if one percent or more of methane is found 
during drilling. The petitioner asserts that the proposed alternative 
method would provide at least the same measure of protection as the 
existing standard.

14. Greer Industries, Inc., d/b/a Deckers Creek Limestone Company 
and Green Limestone Company

[Docket No. M-2000-004-M]

    Greer Industries, Inc., P.O. Box 1900, Morgantown, West Virginia 
26507-1900 has filed a petition to modify the application of 30 CFR 
part 48 (training and retraining of miners working at surface mines and 
surface areas of underground mines) to the Deckers Creek Limestone 
Company, Deckers Creek Mine (I.D. No. 46-00029) and the Greer Limestone 
Company, Greer Mine and Mill (I.D. No. 46-00016) both located in 
Monongalia County, West Virginia. The petitioner requests a 
modification of the existing standard to allow over-the-road contracted 
delivery trucks used to ship limestone material to go to an underground 
stockpile area to be loaded for a limited time and purpose. The 
petitioner states that the truck drivers would not be allowed out of 
their trucks at any time while receiving their load, the Greer 
Industries alternative safety plan would provide adequate protection to 
ensure the safety of all contracted delivery trucks drivers, and that 
all delivery truck drivers would receive site specific hazard training. 
The petitioner asserts that the proposed alternative method would 
provide at least the same measure of protection as the existing 
standard.

15. Frontier-Kemper Constructors, Inc. [Docket No. M-2000-005-M]

    Frontier-Kemper Constructors, Inc., P.O. Box 460, Kearny, Arizona 
85237 has filed a petition to modify the application of 30 CFR 57.9360 
(shelter holes) to the Asarco Mineral Creek Water Diversion Tunnel at 
the Asarco Ray Complex (I.D. No. 02-00150), P.O. Box 8, Hayden, Arizona 
85236, located in Pinal County, Arizona. The petitioner proposes to 
construct a tunnel 18 feet, 10 inches in diameter using a CTS Tunnel 
Boring Machine, Model 490-013, with ground support provided by the 
installation of segmented 6-inch ring steel flush to the excavated 
circumference. The petitioner states that the tunnel boring process, a 
24-inch elevated conveyor will run from the Tunnel Boring Machine 
trailing gear to the portal and mounted to the rib and narrow gauge, 
36-inch rails will run down the center of the tunnel, pedestrian 
traffic within the tunnel will be limited to necessary personnel for 
periodic inspections and/or maintenance; Asarco's production area will 
not be a part of the tunnel; and all miners at Frontier-Kemper 
Constructors, Inc. will be transported to the face by rail-mounted 
conveyance. The petitioner asserts the proposed alternative method 
would allow for the use of Safety Platforms instead of shelter-holes 
and would provide at least the same measure of protection as the 
existing 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,

[[Page 40143]]

Arlington, Virginia 22203. All comments must be postmarked or received 
in that office on or before July 31, 2000. Copies of these petitions 
are available for inspection at that address.

    Dated: June 19, 2000.
Carol J. Jones,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 00-16486 Filed 6-28-00; 8:45 am]
BILLING CODE 4510-43-P