[Federal Register Volume 68, Number 60 (Friday, March 28, 2003)]
[Notices]
[Pages 15244-15246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7395]


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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. Snyder Coal Company

[Docket No. M-2003-011-C]

    Snyder Coal Company, RD 2 Box 93, Hegins, Pennsylvania 
17938 has filed a petition to modify the application of 30 CFR 75.335 
(Construction of seals) to its N. and L. Slope Mine (MSHA I.D. No. 36-
02203) located in Northumberland County, Pennsylvania. The petitioner 
proposes to use wooden materials of moderate size and weight for 
constructing seals 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.

2. Snyder Coal Company

[Docket No. M-2003-012-C]

    Snyder Coal Company, RD 2 Box 93, Hegins, Pennsylvania 
17938 has filed a petition to modify the application of 30 CFR 75.1002-
1 now 75.1002 (Installation of electric equipment and conductors; 
permissibility) to its N. and L. Slope Mine (MSHA I.D. No. 36-02203) 
located in Northumberland County, Pennsylvania. The petitioner requests 
a modification of the existing standard to permit the use of non-
permissible electric equipment within 150 feet of the pillar line in 
the working section's only intake entry (gangway) that is regularly 
traveled and examined. The petitioner states that the non-permissible 
equipment would include drags and battery locomotives due in part to 
the method of mining used in pitching anthracite mines and the 
alternative evaluation of the mine air quality for methane on an hourly 
basis during operation. The petitioner asserts that the proposed 
alternative method would provide at least the same measure of 
protection as the existing standard.

3. Cannelton Industries, Inc.

[Docket No. M-2003-013-C]

    Cannelton Industries, Inc., PO Box 150, Cannelton, West Virginia 
25036 has filed a petition to modify the application of 30 CFR 75.1002 
(Installation of electric equipment and conductors; permissibility) to 
its Shadrick Mine (MSHA I.D. No. 46-08159) located in Kanawha County, 
West Virginia. The petitioner proposes to use 2,400-volt electricity to 
power continuous mining equipment at the Shadrick Mine. The petitioner 
has listed in this petition specific terms and conditions that would be 
followed when its proposed alternative method is implemented. The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as the existing standard.

4. Lodestar Energy, Inc.

[Docket No. M-2003-014-C]

    Lodestar Energy, Inc., PO Box 448, Clay, Kentucky 42404 has filed a 
petition to modify the application of 30 CFR 75.1101-1(b) (Deluge-type 
water spray systems) to its Baker Mine (MSHA I.D. No. 15-14492) located 
in Webster County, Kentucky. The petitioner requests a modification of 
the existing standard to allow weekly examinations

[[Page 15245]]

and testing of the deluge systems to ensure that nozzles are not 
blocked. In lieu of using blow-off dust covers, the petitioner proposes 
to have a trained person conduct a weekly visual examination and a 
functional test on each deluge-type fire suppression system installed 
at conveyor belt drives by actuating the water system and observing its 
performance. The petitioner states that any malfunction or clogged 
nozzle that is detected as a result of the weekly visual examination or 
functional test, would be corrected immediately. The petitioner will 
record the results of the examination and test in a book located on the 
surface and made available to the authorized representative of the 
Secretary. The book would be retained at the mine for one year. The 
petitioner further states that a book with the dates of the 
examinations and tests would also be kept at the location of each 
conveyor belt drive. The petitioner asserts that the proposed 
alternative method would provide at least the same measure of 
protection as the existing standard.

5. Mettiki Coal, LLC

[Docket No. M-2003-015-C]

    Mettiki Coal, LLC, 293 Table Rock Road, Oakland, Maryland 21550 has 
filed a petition to modify the application of 30 CFR 75.1325(c)(1) 
(Firing procedures) to its Mettiki Mine (MSHA I.D. No. 18-00621) 
located in Garrett County, Maryland. The petitioner requests a 
modification of the existing standard to permit blasting in certain 
locations on the longwall face in the Mettiki Mine without always 
requiring all miners to leave the face to go to an area that is around 
at least one corner from the blasting area. The petitioner states that 
the modification would apply to blasting at longwall faces at locations 
more than 200 feet inby the headgate. The petitioner has listed in this 
petition specific terms and conditions that would be followed when its 
proposed alternative method is implemented. 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-2003-016-C]

    Canyon Fuel Company, LLC, HC 35 Box 380, Helper, Utah 84526 has 
filed a petition to modify the application of 30 CFR 75.500(d) 
(Permissible electric equipment) to its Skyline Mine No. 3 (MSHA I.D. 
No. 42-01566) located in Carbon County, Utah. The petitioner requests a 
modification of the existing standard to permit the use of low-voltage 
or battery powered non-permissible electronic testing and diagnostic 
equipment in or inby the last open crosscut under controlled 
conditions. The petitioner proposes to use the following low-voltage or 
battery powered non-permissible electronic testing and diagnostic 
equipment: lap top computers, oscilloscopes, vibration analysis 
machines, cable fault detectors, point temperature probes, infrared 
temperature devices, insulation testers (meggers), voltage, current and 
power measurement devices and recorders, pressure and flow measurement 
devices, signal analyzer device, ultrasonic thickness gauges, 
electronic component testers, and electronic tachometers, other testing 
and diagnostic equipment that may be approved by the MSHA District 
Office. The petitioner states that non-permissible electronic testing 
and diagnostic equipment shall only be used when equivalent permissible 
equipment does not exist. The petitioner further states that equipment 
used in or inby the last open crosscut shall be examined by a qualified 
person as defined in existing 30 CFR 75.153, prior to being used to 
ensure the equipment is being maintained in a safe operating condition. 
The examination results will be recorded in a book and made available 
to an authorized representative of the Secretary and the miners at the 
mine. The petitioner has listed specific procedures in this petition, 
including monitoring, that would be followed when using the non-
permissible equipment. The petitioner asserts that the proposed 
alternative method would provide at least the same measure of 
protection as the existing standard.

7. L--Coal Co.

[Docket No. M-2003-017-C]

    L--Coal Co., RD 2 Box 630, Shamokin, Pennsylvania 17872 
has filed a petition to modify the application of 30 CFR 75.1002-1 now 
75.1002 (Installation of electric equipment and conductors; 
permissibility) to its Lenig Tunnel Mine (MSHA I.D. No. 36-08288) 
located in Northumberland County, Pennsylvania. The petitioner requests 
a modification of the existing standard to permit the use of non-
permissible electric equipment within 150 feet of the pillar line. The 
petitioner states that the non-permissible equipment would include 
drags and battery locomotives due in part to the method of mining used 
in pitching anthracite mines and the alternative evaluation of the mine 
air quality for methane on an hourly basis during operation. The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as the existing standard.

8. Maple Creek Mining, Inc.

[Docket No. M-2003-019-C]

    Maple Creek Mining, Inc., 981 Route 917, Bentleyville, Pennsylvania 
15314 has filed a petition to modify the application of 30 CFR 
75.1400(e) (Hoisting equipment; general) to its High Quality Mine (MSHA 
I.D. No. 36-08375) located in Washington County, Pennsylvania. The 
petitioner proposes to use an electric slope hoist to transport miners 
in and out the mine. The petitioner states that the High Quality Mine 
is a new underground mine nearing completion of the slope facilities 
and hoist installation, and there are no miners employed at the mine. 
The petitioner further states that the High Quality Mine does not 
employ any miners who have held the position of hoisting engineer for a 
period of six months prior to opening the mine, and that an alternate 
method of obtaining qualifications for the position of a Hoisting 
Engineer is paramount to the operation of the High Quality Mine. The 
petitioner has listed specific terms and condition in this petition 
that would be followed when its proposed alternative method is 
implemented. The petitioner asserts that the proposed alternative 
method would provide at least the same measure of protection as the 
existing standard.

9. Highland Mining Company

[Docket No. M-2003-020-C]

    Highland Mining Company, 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 Highland 9 Mine 
(MSHA I.D. No. 15-02709) located in Union County, Kentucky. The 
petitioner requests a modification of the existing standard to allow 
the mine to use the Getman diesel grader underground with rear wheel 
brakes only at the Highland 9 Mine. The petitioner proposes to: (i) 
Limit the diesel grader speed to 10 miles per hour maximum; (ii) 
physically block higher ear ratios on the Getman diesel grader in order 
to limit the speed to 10 miles per hour maximum; (iii) provide training 
to the grader operators on how to drop the grader blade in the event 
the brakes fail and the machine needs to be stopped. The petitioner 
states that the modification will provide the same protection that is 
realized from the current standard in that the grader can be stopped 
using the blade as a brake system. The petitioner asserts that the 
proposed alternative method would

[[Page 15246]]

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 April 28, 2003. 
Copies of these petitions are available for inspection at that address.

    Dated at Arlington, Virginia, this 21st day of March 2003.
Marvin W. Nichols, Jr.,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 03-7395 Filed 3-27-03; 8:45 am]
BILLING CODE 4510-43-P