[Federal Register Volume 67, Number 60 (Thursday, March 28, 2002)]
[Notices]
[Pages 14977-14979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-7466]


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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. Laurel Creek Co., Inc.

[Docket No. M-2002-014-C]

    Laurel Creek Co., Inc., P.O. Box 57, Dingess, West Virginia 25671 
has filed a petition to modify the application of 30 CFR 75.503 
(Permissible electric face equipment; maintenance) and 30 CFR 18.41(f) 
(Plug and receptacle-type connectors) to its Mine No. 4 (I.D. No. 46-
08902) located in Mingo County, West Virginia. For mobile battery-
powered machines used inby the last open crosscut, the petitioner 
proposes to use a spring-loaded device on battery plug connectors in 
lieu of a padlock. This is intended to prevent the plug connector from 
accidentally disengaging while under load. The petitioner states that a 
warning tag that states ``Do Not Disengage Under Load,'' will be 
installed on all battery plug connectors and that instructions on the 
safe practices and provisions for complying with its proposed 
alternative method will be provided to all persons who operate or 
maintain the battery-powered machines. The petitioner asserts that the 
proposed alternative method would provide at least the same measure of 
protection as the existing standard.

2. Peabody Coal Company

[Docket No. M-2002-015-C]

    Peabody Coal Company, 1970 Barrett Court, P.O. Box 1990, Henderson, 
Kentucky 42419-1990 has filed a petition to modify the application of 
30 CFR 75.364(b)(2) (Weekly examination) to its Camp #11 Mine (I.D. No. 
15-08357) located in Union County, Kentucky. Due to hazardous roof 
conditions and roof falls blocking the air course entries, the 
petitioner proposes to continuously monitor methane and oxygen 
concentrations at evaluation points closest to the mine fan and XC-91. 
The petitioner proposes to use a Conspec Mine Monitoring System that 
would be manned around the clock and set up to alarm at oxygen levels 
less than 19.5% and methane levels greater than 1.0%. The petitioner 
states that weekly examinations would be conducted and evaluation 
points would be checked by a certified person to determine the methane 
and oxygen concentrations, and the volume of air. The results of the 
examinations would be recorded in a book and maintained on the surface 
of the mine. The petitioner asserts that application of the standard 
would result in diminution of safety to the miner and that the proposed 
alternative method would provide at least the same measure of 
protection as the existing standard.

3. Blue Diamond Coal Company

[Docket No. M-2002-016-C]

    Blue Diamond Coal Company, P.O. Box 47, Slemp, Kentucky 41763-0047 
has filed a petition to modify the application of 30 CFR 77.214 (Refuse 
piles; general) to its #76 Preparation Plant (I.D. No. 15-16520) 
located in Perry County, Kentucky. The petitioner requests a 
modification of the existing standard to allow Coarse Refuse Fill #1 to 
be placed over abandoned mine openings located in the Leatherwood (5A) 
seam using specific procedures outlined in this petition. The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as the existing standard.

4. Knox Creek Coal Corporation

[Docket No. M-2002-017-C]

    Knox Coal Corporation, P.O. Box 519, Raven, Virginia 24639 has 
filed a petition to modify the application of 30 CFR 75.350 (Air course 
and belt haulage entries) to its Tiller No. 1 Mine (I.D. No. 44-06804) 
located in Tazewell County, Virginia. The petitioner requests a 
modification of the existing standard to allow the use of belt air to 
ventilate active working places. The petitioner proposes to install a 
low-level carbon monoxide detection system as an early warning fire 
detection system in all belt entries used as intake spacing between air 
courses. The distance between sensors will not exceed 1,000 feet along 
each conveyor belt entry. The petitioner asserts that application of 
the existing standard would result in a diminution of safety to the 
miners and that the proposed alternative method would provide at least 
the same measure of protection as the existing standard.

5. Paramont Coal Corporation

[Docket No. M-2002-018-C]

    Paramont Coal Corporation, P.O. Box 7, Dante, Virginia 24237 has 
filed a petition to modify the application of 30 CFR 75.350 (Air course 
and belt haulage entries) to its Virginia Commonwealth #5 Mine (I.D. 
No. 44-06929) located in Wise County, Virginia. The petitioner requests 
a modification of the existing standard to allow the use of belt air to 
ventilate active working places. The petitioner proposes to install a 
low-level carbon monoxide detection system as an early warning fire 
detection system in all belt entries used as intake air course. The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as the existing standard.

6. White County Coal, LLC

[Docket No. M-2002-019-C]

    White County Coal, LLC, 1525 County Road 1300 N., P.O. Box 457, 
Carmi, Illinois 62821 has filed a petition to modify the application of 
30 CFR 75.503 (Permissible electric face equipment; maintenance) to its 
Pattiki II Mine (I.D. No. 11-03058) located in White County, Illinois. 
The petitioner proposes to use a round, eye-bolt snap device to secure 
screw caps in place on battery plugs of battery operated scoops and 
tractors. This is in lieu of using its presently approved bolt and nut 
padlock. The petitioner asserts that the proposed alternative method 
would provide at least the same measure of protection as the existing 
standard.

7. Alfred Brown Coal Company

[Docket No. M-2002-020-C]

    Alfred Brown Coal Company, 71 Hill Road, Hegins, Pennsylvania 17938 
has filed a petition to modify the application of 30 CFR 75.1400 
(Hoisting equipment; general) to its 7 Ft Slope Mine (I.D. No. 36-
08893) 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. 
The petitioner would instead use increased rope strength and secondary 
safety rope connections in place of such devices. The petitioner 
asserts that the proposed alternative method would provide at least the 
same measure of protection as the existing standard.

8. Alfred Brown Coal Company

[Docket No. M-2002-021-C]

    Alfred Brown Coal Company, 71 Hill Road, Hegins, Pennsylvania 17938 
has filed a petition to modify the application of 30 CFR 75.335

[[Page 14978]]

(Construction of seals) to its 7 Ft Slope Mine (I.D. No. 36-08893) 
located in Schuylkill County, Pennsylvania. The petitioner requests a 
modification of the existing standard to permit an alternative method 
of seal construction. The petitioner proposes to use wooden materials 
of moderate size and weight due to the difficulty in accessing 
previously driven headings and breasts containing inaccessible 
abandoned workings; to accept a design criteria in the 10 psi range; 
and to permit the water trap to be installed in the gangway seal and 
sampling tube in the monkey seal for seals installed in pairs. The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as the existing standard.

9. Alfred Brown Coal Company

[Docket No. M-2002-022-C]

    Alfred Brown Coal Company, 71 Hill Road, Hegins, Pennsylvania 17938 
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 7 
Ft Slope Mine (I.D. No. 36-08893) located in Schuylkill County, 
Pennsylvania. The petitioner proposes to 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 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 proposed alternative method would provide at least the 
same measure of protection as the existing standard.

10. Alfred Brown Coal Company

[Docket No. M-2001-023-C]

    Alfred Brown Coal Company, 71 Hill Road, Hegins, Pennsylvania 17938 
has filed a petition to modify the application of 30 CFR 75.360 (Pre-
shift examination at fixed intervals) to its 7 Ft Slope Mine (I.D. No. 
36-08893) located in Schuylkill County, Pennsylvania. The petitioner 
requests a modification of the existing standard to permit an 
alternative method of examination and evaluation of seals. The 
alternative method would include a visual examination of each seal for 
physical damage from the slope gunboat during the pre-shift examination 
after an air quantity reading is taken just inby the intake portal. The 
petitioner proposes to instruct the examiner to take an additional 
reading and gas test for methane, carbon dioxide, and oxygen deficiency 
at intake air split locations just off the slope in the gangway portion 
of the working section. A record of all readings, gas test results, and 
his/her initials, date, and time and location of examinations will be 
available to anyone prior to entering the mine. The petitioner states 
that regardless of the conditions at the section evaluation point, the 
entire length of the slope would be traveled and physically examined on 
a monthly basis. A record of the dates, time, and the initials of the 
person conducting the examinations will be made available on the 
surface. The petitioner also states that any hazards would be corrected 
prior to transporting personnel in the slope. The petitioner asserts 
that the proposed alternative method would provide at least the same 
measure of protection as the existing standard.

11. Alfred Brown Coal Company

[Docket No. M-2001-024-C]

    Alfred Brown Coal Company, 71 Hill Road, Hegins, Pennsylvania 17938 
has filed a petition to modify the application of 30 CFR 75.1200(d) & 
(i) (Mine map) to its 7 Ft Slope Mine (I.D. No. 36-08893) 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 vein 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 map 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 the existing standard.

12. Rosebud Mining Company

[Docket No. M-2002-025-C]

    Rosebud Mining Company, R.D. 9, Box 379A, Kittanning, Pennsylvania 
16201 has filed a petition to modify the application of 30 CFR 75.1100-
2(e)(2) (Quantity and location of firefighting equipment) to its 
Logansport Mine (I.D. No. 36-08841) located in Armstrong County, 
Pennsylvania. The petitioner requests a modification of the existing 
standard to permit the use of an alternative method of compliance for 
firefighting equipment required at temporary electrical installations. 
The petitioner proposes to use two (2) fire extinguishers or one fire 
extinguisher of twice the required capacity at all temporary electrical 
installations in lieu of using 240 pounds of rock dust. The petitioner 
asserts that the proposed alternative method would provide at least the 
same measure of protection as the existing standard and would not 
result in a diminution of safety to the miners.

13. Peabody Coal Company

[Docket No. M-2002-026-C]

    Peabody Coal Company, 1970 Barrett Court, P.O. Box 1990, Henderson, 
Kentucky 42419-1990 has filed a petition to modify the application of 
30 CFR 75.1101-1(b) (Type and quality of firefighting equipment) to its 
Camp #11 Mine (I.D. No. 15-08357) located in Union County, Kentucky. 
The petitioner requests a modification of the existing standard to 
permit an alternative method for conducting functional tests of its 
complete deluge-type water system. The petitioner proposes to conduct 
these tests on a weekly basis instead of annually. The petitioner 
states that the existing standard will not allow the system to be 
functionally tested weekly because the dust covers could be blown off 
and to return the water spray system safely for compliance with the 
existing standard, the belt would have to be de-energized, locked and 
tagged, and the dust cover would have to be replaced, which would take 
approximately 30 minutes per belt drive. The petitioner asserts that 
the proposed alternative method would provide at least the same measure 
of protection as the existing standard since any restrictions to the 
spray system otherwise prevented by the blow-off dust covers would be 
recognized during the weekly functional test and promptly corrected.

14. Dakota Mining, Inc.

[Docket No. M-2002-027-C]

    Dakota Mining, Inc., 430 Harper Park Drive, Beckley, West Virginia 
25801 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 #2 Mine (I.D. No. 46-08589) located in Boone 
County, West Virginia. The petitioner proposes to replace a low-voltage 
continuous miner with a 2,400-

[[Page 14979]]

volt Joy 12CM27 machine. The petitioner states that mining at the #2 
Mine is approaching an area of the reserve where the seam height 
thickens and is concerned that the current equipment will not be 
capable of reaching the roof without blocking and ramping the 
continuous miner. The petitioner asserts that the proposed alternative 
method 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, Arlington, Virginia 22203. All comments 
must be postmarked or received in that office on or before April 29, 
2002. Copies of these petitions are available for inspection at that 
address.

    Dated at Arlington, Virginia this 22nd day of March 2002.
Marvin W. Nichols, Jr.,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 02-7466 Filed 3-27-02; 8:45 am]
BILLING CODE 4510-43-U