[Federal Register Volume 67, Number 232 (Tuesday, December 3, 2002)]
[Notices]
[Pages 71988-71990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30493]


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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. Lykens Coal Company (B & H)

[Docket No. M-2002-090-C]

    Lykens Coal Company, 140 Deerlane, Hegins, Pennsylvania 17938 has 
filed a petition to modify the application of 30 CFR 75.1400 (Hoisting 
equipment; general) to its (I.D. No. 36-08830) located in Schuylkill 
County, Pennsylvania. The petitioner proposes to use a slope conveyance 
(gunboat) for 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.

2. Perry County Coal Corporation

[Docket No. M-2002-091-C]

    Perry County Coal Corporation, 1845 S. KY Hwy 15, Hazard, Kentucky 
41702 has filed a petition to modify the application of 30 CFR 75.350 
(Air courses and belt haulage entries) to its E4-1 Mine (I.D. No. 15-
18565) located in Perry County, Kentucky. The petitioner proposes to 
use belt air to ventilate active working places. The petitioner 
proposes to install a carbon monoxide monitoring system as an early 
warning fire detection system in all belt entries used to course intake 
air to a working place. The petitioner asserts that the proposed 
alternative method would provide at least the same measure of 
protection as the existing standard.

3. Mountain Side Coal Company

[Docket No. M-2002-092-C]

    Mountain Side Coal Company, RD 3 Box 142D, Sunbury, Pennsylvania 
17801 has filed a petition to modify the application of 30 CFR 49.2 
(Availability of mine rescue teams) to its Mountain Side Mine (I.D. No. 
36-09108) located in Northumberland 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. The petitioner asserts that the proposed alternative method 
would provide at least the same measure of protection as the existing 
standard.

4. Mountain Side Coal Company

[Docket No. M-2002-093-C]

    Mountain Side Coal Company, RD 3, Box 142D, Sunbury, Pennsylvania 
17801 has filed a petition to modify the application of 30 CFR 75.335 
(Construction of seals) to its Mountain Side Mine (I.D. No. 36-09108) 
located in Northumberland County, Pennsylvania. 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.

5. Mountain Side Coal Company

[Docket No. M-2002-094-C]

    Mountain Side Coal Company, RD 3, Box 142D, Sunbury, Pennsylvania 
17801 has filed a petition to modify the application of 30 CFR 75.1100 
(Quantity and location of firefighting equipment) to its Mountain Side 
Mine (I.D. No. 36-09108) located in Northumberland County, 
Pennsylvania. The petitioner requests a modification of the standard to 
permit use of only portable fire extinguishers to replace existing 
requirements where rock dust, water cars, and other water storage 
equipped with three (3) ten quart pails is not practical. The 
petitioner proposes to use two (2) portable fire extinguishers near the 
slope bottom and an additional portable fire extinguisher within 500 
feet of the working face for equivalent fire protection for the 
Mountain Side Mine. The petitioner asserts that the proposed 
alternative method would provide at least the same measure of 
protection as the existing standard.

6. Mountain Side Coal Company

[Docket No. M-2002-095-C]

    Mountain Side Coal Company, RD 3, Box 142D, Sunbury, Pennsylvania 
17801 has filed a petition to modify the application of 30 CFR 
75.1200(d) & (i) (Mine map) to its Mountain Side Mine (I.D. No. 36-
09108) located in Northumberland 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.

7. Mountain Side Coal Company

[Docket No. M-2002-096-C]

    Mountain Side Coal Company, RD 3, Box 142D, Sunbury, Pennsylvania 
17801 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 Mountain Side Mine (I.D. No. 36-09108) located in Northumberland 
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

[[Page 71989]]

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.

8. Consolidation Coal Company

[Docket No. M-2002-097-C]

    Consolidation Coal Company, Consol Energy, 1800 Washington Road, 
Pittsburgh, Pennsylvania 15241-1421 has filed a petition to modify the 
application of 30 CFR 75.364(b)(2) (Weekly examination) to its Robinson 
Run No. 95 Mine (I.D. No. 46-01318) located in Marion County, 
Pennsylvania. The petitioner proposes to establish check points 3W-1 
and 3W-2 to measure the quality and quantity of air at the inlet of the 
air course area where roof conditions are deteriorating. The petitioner 
states that due to the deteriorating conditions in the affected area, 
traveling the area in its entirety would be unsafe. The petitioner 
further states that the check points and all approaches to the check 
points would be maintained in safe condition at all times, and a 
certified person will conduct tests for methane and the quantity of air 
at each check point on a weekly basis and place his/her initials, date, 
and time in a record book that would be kept on the surface and made 
available for inspection by interested persons. The petitioner asserts 
that the proposed alternative method would provide at least the same 
measure of protection as the existing standard.

9. Mountain Side Coal Company

[Docket No. M-2002-098-C]

    Mountain Side Coal Company, RD 3, Box 142D, Sunbury, Pennsylvania 
17801 has filed a petition to modify the application of 30 CFR 75.1400 
(Hoisting equipment; general) to its Mountain Side Mine (I.D. No. 36-
09108) located in Northumberland County, Pennsylvania. The petitioner 
proposes to use a slope conveyance (gunboat) for 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.

10. The New Coal Company, Inc.

[Docket No. M-2002-099-C]

    The New Coal Company, Inc., P.O. Box 369, Harlan, Kentucky 40831 
has filed a petition to modify the application of 30 CFR 77.1607(cc) 
(Loading and hauling equipment; operation) to its Dayhoit Tipple Mine 
(I.D. No. 15-10391) located in Harlan County, Kentucky. The petitioner 
proposes to install locked gates instead of emergency stop devices or 
cords at ungarded conveyors with walkways to eliminate any entrance to 
these conveyors. The petitioner states that only the supervisor will 
have a key to unlock the gates, that access to the conveyors will be 
for repairs only, and the conveyors will be shut off and the power 
locked out before the gates are unlocked. The petitioner asserts that 
the proposed alternative method would provide at least the same measure 
of protection as the existing standard.

11. Highland Mining Company

[Docket No. M-2002-100-C]

    Highland Mining Company, 1970 Barrett Court, P.O. Box 1990, 
Henderson, Kentucky 42419-1990 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 Highland 11 Mine (I.D. No. 15-18480) located in Union County, 
Kentucky. The petitioner proposes to use a spring-loaded locking device 
on battery plug connectors on mobile battery-powered equipment to 
prevent the threaded ring securing the battery plugs to the battery 
receptacles from unintentional loosening, and attach locking device 
brackets to the battery receptacles to prevent the loss of the 
brackets. The petitioner will install a warning tag that states ``Do 
Not Disengage Under Load,'' on all battery plug connectors and provide 
instructions on the safe practices and provisions to all persons who 
operate or maintain the battery-powered machines. The petitioner 
further states that the training plan for the mine will be revised to 
specify initial and refresher training for use of the spring-loaded 
devices. The petitioner asserts that the proposed alternative method 
would provide at least the same measure of protection as the existing 
standard.

12. Oxbow Mining, LLC

[Docket No. M-2002-101-C]

    Oxbow Mining, LLC, P.O. Box 535, 3737 Highway 133, Somerset, 
Colorado 81434 has filed a petition to modify the application of 30 CFR 
75.1909(b)(6) (Nonpermissible diesel-powered equipment; design and 
performance requirements) to its Elk Creek Mine (I.D. No. 05-04674) 
located in Gunnison County, Colorado. The petitioner proposes an 
alternate method in lieu of front wheel brakes on the Getman 
Roadbuilder, S/N 6718, diesel grader used at the Elk Creek Mine. The 
petitioner proposes to operate its diesel grader at a maximum speed of 
10 miles per hour or less, to train all grader operators to lower the 
moldboard (grader blade) for additional stopping capability in 
emergencies, and on how to recognize appropriate levels of speed for 
different road conditions and slopes. The petitioner states that its 
alternate method would not be implemented until all grader operators 
have been trained, and the diesel grader would not be put into service 
until MSHA has inspected the equipment for compliance. The petitioner 
asserts that the proposed alternative method would provide at least the 
same measure of protection as the existing standard.

13. Lafarge Corporation

[Docket No. M-2002-005-M]

    Lafarge Corporation, 2200 Courtney & Atherton Road, Sugar Creek, 
Missouri 64050 has filed a petition to modify the application of 30 CFR 
56.12016 (Work on electrically-powered equipment) to its Sugar Creek 
Cement Plant (I.D. No. 23-00158) located in Jackson County, Missouri. 
The petitioner requests a waiver from the existing standard so that 
neither signatures nor warning notices would be required at the Lafarge 
Mine. The petitioner proposes to provide each employee with 
specifically designated locks for lockout that would be engraved with 
the employee's name. The employee will have the only key and the locks 
will be identified by color. The petitioner states that unlike a tag or 
sign, the engraved name would not be accidentally removed or become 
unreadable. The petitioner asserts that the proposed alternative method 
would provide at least the same measure of protection as the existing 
standard.

14. Lafarge Corporation

[Docket No. M-2002-006-M]

    Lafarge Corporation, 2200 Courtney & Atherton Road, Sugar Creek, 
Missouri 64050 has filed a petition to modify the application of 30 CFR 
56.12017 (Work on power circuits) to its Sugar Creek Cement Plant (I.D. 
No. 23-00158) located in Jackson County, Missouri. The petitioner 
requests a waiver from the existing standard so that warning signs 
would not be required at the Lafarge Mine. The petitioner proposes to 
provide each employee with specifically designated locks for lockout 
that would be engraved with the employee's name. The employee will have 
the only key

[[Page 71990]]

and the locks will be identified by color. The petitioner states that 
unlike a tag or sign, the engraved name would not be accidentally 
removed or become unreadable. The petitioner asserts that the proposed 
alternative method would provide at least the same measure of 
protection as the existing standard.

15. Lafarge Corporation

[Docket No. M-2002-007-M]

    Lafarge Corporation, 2200 Courtney & Atherton Road, Sugar Creek, 
Missouri 64050 has filed a petition to modify the application of 30 CFR 
57.12016 (Work on electrically-powered equipment) to its Sugar Creek 
Underground Limestone Mine (I.D. No. 23-02171) located in Jackson 
County, Missouri. The petitioner requests a waiver from the existing 
standard so that neither signatures nor warning notices would be 
required at the Lafarge Mine. The petitioner proposes to provide each 
employee with specifically designated locks for lockout that would be 
engraved with the employee's name. The employee will have the only key 
and the locks will be identified by color. The petitioner states that 
unlike a tag or sign, the engraved name would not be accidentally 
removed or become unreadable. The petitioner asserts that the proposed 
alternative method would provide at least the same measure of 
protection as the existing standard.

16. Lafarge Corporation

[Docket No. M-2002-008-M]

    Lafarge Corporation, 2200 Courtney & Atherton Road, Sugar Creek, 
Missouri 64050 has filed a petition to modify the application of 30 CFR 
57.12017 (Work on power circuits) to its Sugar Creek Underground 
Limestone Mine (I.D. No. 23-02171) located in Jackson County, Missouri. 
The petitioner requests a waiver from the existing standard so that 
warning signs would not be required at the Lafarge Mine. The petitioner 
proposes to provide each employee with specifically designated locks 
for lockout that would be engraved with the employee's name. The 
employee will have the only key and the locks will be identified by 
color. The petitioner states that unlike a tag or sign, the engraved 
name would not be accidentally removed or become unreadable. 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, 1100 Wilson 
Boulevard, Room 2352, Arlington, Virginia 22209. All comments must be 
postmarked or received in that office on or before January 2, 2003. 
Copies of these petitions are available for inspection at that address.

    Dated at Arlington, Virginia this 26th day of November 2002.
Marvin W. Nichols, Jr.,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 02-30493 Filed 12-2-02; 8:45 am]
BILLING CODE 4510-43-P