[Federal Register Volume 68, Number 7 (Friday, January 10, 2003)]
[Notices]
[Pages 1484-1486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-446]


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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. Monterey Coal Company

[Docket No. M-2002-113-C]

    Monterey Coal Company, 14300 Brushy Mound Road, Carlinville, 
Illinois 62626 has filed a petition to modify the application of 30 CFR 
75.350 (Air courses and belt haulage entries) at its No. 1 Mine (MSHA 
I.D. No. 11-00726) located in Macoupin County, Illinois. The petitioner 
requests a modification of the existing standard to allow belt air to 
be used to ventilate working places from a location inby the furthest 
inby conveyor drive for the remaining length of the panels. The 
petitioner states that during panel development, the location is inby 
the main conveyor drive near the belt head, and during longwall mining, 
the location is inby the tripper/booster drive, usually positioned not 
greater than 8,000 feet inby the belt head. 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.

[[Page 1485]]

2. PC Contracting, Inc.

[Docket No. M-2002-114-C]

    PC Contracting, Inc., P.O. Box 1630, Barbourville, Kentucky 40906 
has filed a petition to modify the application of 30 CFR 
75.380(f)(4)(i) (Escapeways; bituminous and lignite mines) at its PC 
2 Mine (MSHA I.D. No. 15-18304) located in Knox County, 
Kentucky. The petitioner proposes to use two ten-pound portable 
chemical fire extinguishers in the operator's deck of each Mescher 
tractor operated at the PC 2 mine. The petitioner states that 
the equipment operator will inspect each fire extinguisher on a daily 
basis prior to entering the primary escapeway. The petitioner further 
states that a record of the daily inspection will be kept at the mine, 
and a sufficient number of spare fire extinguishers will be maintained 
at the mine in case a defective fire extinguisher is detected. The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as the existing standard.

3. PC Contracting, Inc.

[Docket No. M-2002-115-C]

    PC Contracting, Inc., P.O. Box 1630, Barbourville, Kentucky 40906 
has filed a petition to modify the application of 30 CFR 75.342 
(Methane monitors) at its PC 2 Mine (MSHA I.D. No. 15-18304) 
located in Knox County, Kentucky. The petitioner proposes to use hand-
held continuous-duty methane and oxygen indicators in lieu of machine 
mounted methane monitors on three-wheel tractors with drag bottom 
buckets. The petitioner has listed specific terms and conditions that 
would be followed when implementing its proposed alternative method at 
the PC 2 Mine. The petitioner asserts that this petition is 
based on the safety of the miners and not primarily from an economic 
standpoint and that the proposed alternative method provides no less 
than the same measure of protection as the existing standard.

4. Energy West Mining Company

[Docket No. M-2002-116-C]

    Energy West Mining Company, Box 310, 15 North Main, Huntington, 
Utah 84528 has filed a petition to modify the application of 30 CFR 
75.701 (Grounding metallic frames, casings, and other enclosures of 
electric equipment) at its Deer Creek Mine (MSHA I.D. No. 42-00121) 
located in Emery County, Utah. This standard requires frames of 
electric equipment to be grounded using approved methods. The 
petitioner requests a modification of the standard to allow the 
electrical grounding requirements for portable diesel-driven electric 
generators to be waived based on the use of ground fault detection, 
ground wire monitoring and other circuit protection means, such as 
short circuit, overcurrent and undervoltage protection. The petitioner 
asserts that the proposed alternative method would provide at least the 
same measure of protection as the existing standard.

5. Energy West Mining Company

[Docket No. M-2002-117-C]

    Energy West Mining Company, Box 310, 15 North Main, Huntington, 
Utah 84528 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) at its Deer Creek Mine (MSHA I.D. No. 42-00121) 
located in Emery County, Utah. This standard requires low- and medium-
voltage three-phase alternating-current circuits to contain either a 
direct or a derived neutral which is grounded through a suitable 
resistor at the power center. The petitioner requests a modification of 
the standard to allow the electrical grounding requirements for 
portable diesel-driven electric generators to be waived based on the 
use of ground fault detection, ground wire monitoring, and other 
circuit protection means, such as short circuit, overcurrent and 
undervoltage protection. The petitioner asserts that the proposed 
alternative method would provide at least the same measure of 
protection as the existing standard.

6. Canyon Fuel Company, LLC

[Docket No. M-2002-118-C]

    Canyon Fuel Company, LLC, HC 35 Box 380, Helper, Utah 84526-9804 
has filed a petition to modify the application of 30 CFR 75.507 (Power 
connection points) at its Skyline Mine No. 3 (I.D. No. 42-01566) 
located in Carbon County, Utah. The petitioner requests a modification 
of the existing standard to allow the installation and use of a non-
permissible, 4,160-volt AC power submersible pump in a cased borehole 
which penetrates an abandoned and sealed portion of the Skyline Mine 
No. 3, Level 2 workings. The petitioner states that the pump will be 
located above the roof horizon and the electrical components of the 
pump will be separated from the atmosphere of the sealed and abandoned 
area, and the pump will be under water continuously where water has 
accumulated above the level of the roof up into the borehole. The 
petitioner further states that the electrical equipment that provides 
power to the pump is located on the surface. The petitioner asserts 
that the use of a non-permissible pump will enhance the petitioner's 
ability to control water levels in abandoned and sealed sections of the 
mine; 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.

7. H & M Coal Company

[Docket No. M-2002-119-C]

    H & M Coal Company, 48 Meadowview Road, Pine Grove, Pennsylvania 
17963 has filed a petition to modify the application of 30 CFR 49.2 
(Availability of mine rescue teams) at its Rocky top Mine (MSHA I.D. 
No. 36-09072) 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 that 
the proposed alternative method would provide at least the same measure 
of protection as the existing standard.

8. H & M Coal Company

[Docket No. M-2002-120-C]

    H & M Coal Company, 48 Meadowview Road, Pine Grove, Pennsylvania 
17963 has filed a petition to modify the application of 30 CFR 75.1100-
2(a) (Quantity and location of firefighting equipment) at its Rocky Top 
Mine (MSHA I.D. No. 36-09072) located in Schuylkill County, 
Pennsylvania. The petitioner requests a modification of the standard to 
permit use of portable fire extinguishers only 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 Rocky 
Top Mine. The petitioner asserts that the proposed alternative method 
would provide at least the same measure of protection as the existing 
standard.

9. H & M Coal Company

[Docket No. M-2002-121-C]

    H & M Coal Company, 48 Meadowview Road, Pine Grove, Pennsylvania 
17963 has filed a petition

[[Page 1486]]

to modify the application of 30 CFR 75.1200(d) & (i) (Mine map) to its 
Rocky Top Mine (MSHA I.D. No. 36-09072) 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. The petitioner also proposes to limit the required 
mapping of the mine workings above and below to those present within 
100 feet of the vein being mined except those veins that 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 that fluctuate considerably. The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as the existing standard.

10. H & M Coal Company

[Docket No. M-2002-122-C]

    H & M Coal Company, 48 Meadowview Road, Pine Grove, Pennsylvania 
17963 has filed a petition to modify the application of 30 CFR 75.1202 
and 30 CFR 75.1202-1(a) (Temporary notations, revisions, and 
supplements) to its Rocky Top Mine (MSHA I.D. No. 36-09072) 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.

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 February 10, 2003. 
Copies of these petitions are available for inspection at that address.

    Dated at Arlington, Virginia this 3rd day of January 2003.
Marvin W. Nichols, Jr.,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 03-446 Filed 1-9-03; 8:45 am]
BILLING CODE 4510-43-P