[Federal Register Volume 68, Number 106 (Tuesday, June 3, 2003)]
[Notices]
[Pages 33204-33205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13760]


-----------------------------------------------------------------------

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. Canyon Fuel Company, LLC

[Docket No. M-2003-032-C]

    Canyon Fuel Company, LLC, HC 35 Box 380, Helper, Utah 84526 has 
filed a petition to modify the application of 30 CFR 75.1002(a) 
(Installation of electric equipment and conductors; permissibility) to 
its Skyline Mine No. 3 (MSHA I.D. No. 42-01566) located in Carbon 
County, Utah. The petitioner requests a modification of the standard to 
permit the use of low voltage or battery powered non-permissible 
electronic testing and diagnostic equipment within 150 feet of pillar 
workings under controlled conditions. The petitioner requests a 
modification of the existing standard to permit the following non-
permissible equipment to be used within 150 feet from pillar workings 
(longwall gob): laptop 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 a 
qualified person shall continuously monitor for methane immediately 
before and during the use of non-permissible electronic test and 
diagnostic equipment in or inby the last open crosscut as defined in 
existing standard 30 CFR 75.151. 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.

2. R & D Coal Company

[Docket No. M-2003-033-C]

    R & D Coal Company, 214 Vaux Avenue, Tremont, Pennsylvania 17981 
has filed a petition to modify the application of 30 CFR 75.1002 now 
75.1002 (Installation of electric equipment and conductors; 
permissibility) to its Buck Mountain Slope (MSHA I.D. No. 36-02053) 
located in Schuylkill County, Pennsylvania. The petitioner requests a 
modification in the application of the existing standard to then 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.

3. Consol Pennsylvania Coal Company

[Docket No. M-2003-034-C]

    Consol Pennsylvania Coal Company, 1800 Washington Road, Pittsburgh,

[[Page 33205]]

Pennsylvania 15241-1421 has filed a petition to modify the application 
of 30 CFR 75.503 (Permissible electric face equipment; maintenance) and 
30 CFR 18.35 (Portable (trailing) cables and cords) to its Bailey Mine 
(MSHA I.D. No. 36-07230) located in Greene County, Pennsylvania. The 
petitioner proposes to increase the maximum length of trailing cables 
supplying power to continuous mining machines to 950 feet and other 
section equipment to 900 feet during longwall panel development. The 
petitioner states that this alternative method will only apply to 
trailing cables supplying three-phase, 950-volt power to continuous 
mining machines and trailing cables supplying three-phase, 480-volt 
power to loading machines, shuttle cars, roof bolters, and section 
ventilation fans. The petitioner asserts that the proposed alternative 
method would provide at least the same measure of protection as the 
existing standard.

4. Jim Walter Resources, Inc.

[Docket No. M-2003-035-C]

    Jim Walter Resources, Inc., P.O. Box 133, Brookwood, Alabama 35444 
has filed a petition to modify the application of 30 CFR 75.503 
(Permissible electric face equipment; maintenance) to its No. 7 Mine 
(MSHA I.D. No. 01-01401) located in Tuscaloosa County, Alabama. The 
petitioner proposes to extend the length of the cable not to exceed 
1200 feet for continuous mining machines, loading machines, roof 
bolting machines, shuttle cars, and section auxiliary ventilation fans 
during longwall panel development conditioned upon the specific terms 
and conditions listed in this petition for modification. The petitioner 
states that it proposed alternative method would apply only to trailing 
cables that supply 2400-volt, three-phase, alternating current to 
continuous mining machines, and that all miners will receive training 
prior to implementation of this proposed alternative method. The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as the existing standard.

5. I O Coal Company, Inc.

[Docket No. M-2003-036-C]

    I O Coal Company, Inc., 430 Harper Park Dr., Suite A, Beckley, West 
Virginia 25801 has filed a petition to modify the application of 30 CFR 
75.503 (503 (Permissible electric face equipment; maintenance) and 30 
CFR 18.41(f) (Plug and receptacle-type connectors) to its Europa Mine 
(MSHA I.D. No. 46-08798) located in Boone County, West Virginia. The 
petitioner proposes to replace a padlock on battery plug connectors on 
mobile battery-powered machines with a threaded ring and a spring-
loaded locking device to prevent the plug connector from accidentally 
disengaging while under load. The petitioner asserts that the 
application of the existing standard will result in a diminution of 
safety to the miners.

6. Consolidation Coal Company

[Docket No. M-2003-037-C]

    Consolidation Coal Company, 1800 Washington Road, Pittsburgh, 
Pennsylvania 15241 has filed a petition to modify the application of 30 
CFR 75.1909(b)(6) (Non-permissible diesel-powered equipment; design and 
performance requirements) to its Emery Mine (MSHA I.D. No. 42-00079) 
located in Emery County, Utah. The petitioner requests a modification 
of the existing standard to permit the use of a diesel grader without 
individual service brakes on all of the grader wheels. The petitioner 
proposes to equip the Grader with: (i) Service brakes on each of the 
Drive Wheels; (ii) stationary emergency brakes; and (iii) brakes on the 
Directional Wheels. The petitioner states that the tramming speed of 
the Grader will be restricted to 10 miles per hour, the grader 
operators will be trained to check brake function during pre-
operational checks, and to lower the Grader blade to the ground as an 
additional braking mechanism. The petitioner further states that grader 
operators will receive task training and annual refresher training on 
the provisions of its alternative method. The petitioner asserts that 
the proposed alternative method would provide at least the same measure 
of protection as the existing standard.

7. FMC Corporation

[Docket No. M-2003-001-M]

    FMC Corporation, 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 FMC Trona Mine (MSHA I.D. No. 48-00152) 
located in Sweetwater County, Wyoming. The petitioner requests a 
modification of the existing standard to permit the use of a portable 
Leica DISTO laser distance meter inby the last open break. The 
petitioner states that this equipment has minimal output power that is 
considerably less than the 12-watt threshold for intrinsically safe 
electrical equipment. The petitioner has listed specific terms and 
conditions in this petition for modification 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.

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 July 3, 2003. Copies 
of these petitions are available for inspection at that address.

    Dated at Arlington, Virginia, this 28th day of May 2003.
Marvin W. Nichols, Jr.,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 03-13760 Filed 6-2-03; 8:45 am]
BILLING CODE 4510-43-P