[Federal Register Volume 65, Number 234 (Tuesday, December 5, 2000)]
[Notices]
[Pages 75973-75976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-30841]


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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. Rosebud Mining Company

[Docket No. M-2000-135-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 
Rosebud No. 2 Mine (I.D. No. 36-08410), Rosebud No. 3 Mine (I.D. No. 
36-08773), Roaring Run Mine (I.D. No. 36-08329), Tracy Lynne Mine (I.D. 
No. 36-08603), Dutch Run Mine (I.D. No. 36-08701) all located in 
Armstrong County, Pennsylvania; Josephine No. 3 Mine (I.D. No. 36-
08719) located in Indiana County, Pennsylvania; and Twin Rocks Mine 
(I.D. No. 36-08836) located in Cambria County, Pennsylvania. The 
petitioner proposes to use an alternative method of compliance for 
firefighting equipment 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 instead 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 will not result 
in a diminution of safety to the miners.

2. Gibson County Coal, L.L.C.

[Docket No. M-2000-136-C]

    Gibson County Coal, L.L.C., P.O. Box 1269, Route 3 Lyle Station 
Road, Princeton, Indiana 47670 has filed a petition to modify the 
application of 30 CFR 75.503 (permissible electric face equipment; 
maintenance) to its Gibson Mine (I.D. No. 12-02215) located in Gibson 
County, Indiana. The petitioner proposes to use a spring-loaded device 
with specific fastening characteristics instead of a padlock to secure 
plugs and electrical type connectors to batteries, and to the 
permissible mobile powered equipment the batteries serve, to prevent 
the battery plugs from accidentally separating from their receptacles 
during normal operation of the battery equipment. The petitioner 
asserts that the proposed alternative method would provide at least the 
same measure of protection as the existing standard and will not result 
in a diminution of safety to the miners.

3. Gibson County Coal, L.L.C.

[Docket No. M-2000-137-C]

    Gibson County Coal, L.L.C., P.O. Box 1269, Route 3 Lyle Station 
Road, Princeton, Indiana 47670 has filed a petition to modify the 
application of 30 CFR 75.901 (protection of low- and medium-voltage 
three-phase circuits used underground) to its Gibson Mine (I.D. No. 12-
02215) located in Gibson County, Indiana. The petitioner proposes to 
use a 480-volt, three-phase, 200KW diesel powered generator set with an 
approved diesel drive engine to supply power to a 250 KVA three-phase 
transformer and three-phase 480-, 600-, and 995-volt power circuit, to 
move equipment in and out of the mine and to perform rehab work in 
areas outby section loading points. The petitioner asserts that the 
proposed alternative method would provide at least the same measure of 
protection as the existing standard.

4. Black Beauty Coal Company

[Docket No. M-2000-138-C]

    The Peabody Group, 801 Laidley Tower, P.O. Box 1233, Charleston, 
West Virginia 25324-1233 has filed a petition for the Black Beauty Coal 
Company, 8282 Catlin Indianola Road, Catlin, Illinois 61817, to modify 
the application of 30 CFR 75.1002 (location of trolley wires, trolley 
feeder wires, high-voltage cables and transformers) to its Riola #1

[[Page 75974]]

Mine (I.D. No. 11-02971) located in Vermilion County, Illinios. The 
petitioner proposes to use high-voltage (2,400) trailing cables inby 
the last open crosscut at the working continuous miner section(s). The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as the existing standard.

5. R & R Coal Company

[Docket No. M-2000-139-C]

    R & R Coal Company, 21 East Wood Street, Pine Grove, Pennsylvania 
17963 has filed a petition to modify the application of 30 CFR 75.335 
(construction of seals) to its R & R Coal Company Mine (I.D. No. 36-
08498) located in Schuylkill County, Pennsylvania. The petitioner 
requests a modification of the existing standard to permit alternative 
methods of construction of seals using 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.

6. R & R Coal Company

[Docket No. M-2000-140-C]

    R & R Coal Company, 21 East Wood Street, Pine Grove, Pennsylvania 
17963 has filed a petition to modify the application of 30 CFR 
75.1200(d) & (i) (mine map) to its R & R Coal Company Mine (I.D. No. 
36-08498) 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 veins 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 mine 
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. R & R Coal Company

[Docket No. M-2000-141-C]

    R & R Coal Company, 21 East Wood Street, Pine Grove, Pennsylvania 
17963 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 R & R Coal Company Mine (I.D. No. 36-08498) 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 a drilling 
program under 30 CFR 75.388 or plan for mining into inaccessible area 
under 30 CFR 75.389 is required. The petitioner asserts that the low 
production and slow rate of advance in anthracite mining make surveying 
on 6-month intervals impractical. The petitioner asserts that the 
proposed alternative method would provide at least the same measure of 
protection as the existing standard.

8. RAG Emerald Resources LP

[Docket No. M-2000-142-C]

    RAG Emerald Resources LP, One Oxford Centre, 301 Grant Street, 
Pittsburgh, Pennsylvania 15219-1410 has filed a petition to modify the 
application of 30 CFR 75.507 (power connection points) to its Emerald 
Mine (I.D. No. 36-05466) located in Greene County, Pennsylvania. The 
petitioner requests that the Proposed Decision and Order of its 
previously granted petition for modification, docket number M-96-069-C 
be amended to permit use of the petition at locations other than the 
No. 3 bleeder shaft at the Emerald Mine. The petitioner asserts that 
the proposed alternative method would provide at least the same measure 
of protection as the existing standard.

9. San Juan Coal Company

[Docket No. M-2000-143-C]

    San Juan Coal Company, P.O. Box 561, Waterflow, New Mexico 87421 
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 San Juan South Mine (I.D. No. 29-02170) and San 
Juan Deep Mine (I.D. No. 29-02201) located in San Juan County, New 
Mexico. The petitioner proposes to operate its diesel road grader 
without front wheel brakes. The petitioner proposes to operate its 
diesel grader at a maximum speed of 10 miles per hour, lower the 
moldboard to increase stopping capability in emergency situations, and 
to provide training to grader operators on how to recognize the 
appropriate speeds for different road and slope conditions. The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as the existing standard and 
that application of the existing standard would result in a diminution 
of safety to the miners.

10. McCoy Elkhorn Coal Corporation

[Docket No. M-2000-144-C]

    McCoy Elkhorn Coal Corporation, 1148 Long Fork Road, Kimper, 
Kentucky 41539 has filed a petition to modify the application of 30 CFR 
75.503 (permissible electric face equipment; maintenance) to its No. 14 
Mine (I.D. No. 15-18088), No. 16 Mine (I.D. No. 15-18250), No. 21 Mine 
(I.D. No. 15-18085), and Smithfork Mine (I.D. No. 15-16693) all located 
in Pike County, Kentucky. The petitioner proposes to use a permanently 
installed spring-loaded locking device on mobile battery-powered 
machines instead of padlocks to prevent the battery plugs from 
accidentally separating from their receptacles, and to eliminate the 
hazards associated with difficult removal of padlocks during emergency 
situations. The petitioner asserts that application of the existing 
standard would result in a diminution to the miners and that the 
proposed alternative method would provide at least the same measure of 
protection as the existing standard.

11. Ohio County Coal Corporation

[Docket No. M-2000-145-C]

    Ohio County Coal Corporation, 19050 Highway 1078 South, Henderson, 
Kentucky 42420 has filed a petition to modify the application of 30 CFR 
75.503 (permissible electric face equipment; maintenance) to its 
Freedom Mine (I.D. No. 15-17587) located in Hopkins County, Kentucky. 
The petitioner proposes to use a spring-loaded device with specific 
fastening characteristics instead of a padlock to secure plugs and 
electrical type connectors to batteries and to the permissible mobile 
powered equipment the batteries serve, to prevent battery plugs from 
accidentally separating from their receptacles during normal operation 
of the battery equipment. The petitioner asserts that

[[Page 75975]]

the proposed alternative method would provide at least the same measure 
of protection as the existing standard.

12. Powder River Coal Company

[Docket No. M-2000-146-C]

    Powder River Coal Company, Caller Box 3035, Gillette, Wyoming 
62717-3035 has filed a petition to modify the application of 30 CFR 
77.1200 (mine map) to its North Antelope/Rochelle Complex (I.D. No. 48-
01353) located in Campbell County, Wyoming. The petitioner proposes to 
use a scale of 1,000 feet to the inch instead of using a scale of not 
less than 100 or more than 500 feet to the inch. 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. Gibson County Coal Corporation

[Docket No. M-2000-147-C]

    Gibson County Coal Corporation, P.O. Box 1269, Route 3, Lyle 
Station Road, Princeton, Indiana 47670 has filed a petition to modify 
the application of 30 CFR 75.701 (grounding metallic frames, casings, 
and other enclosures of electric equipment) to its Gibson Mine (I.D. 
No. 12-02215) located in Gibson County, Indiana. The petitioner 
proposes to use a 200 KW/250 KVA, 480-volt, diesel powered generator 
set to move equipment in and out of the mine(s) and in emergency 
situations to move equipment underground. The petitioner proposes to 
have the neutral of the secondary side of the wye configured 480-, 575-
, 995-volt transformer in series between it and the frame of the 
generator unit, a 995-volt rated resistor that will limit phase-to-
frame fault current to 0.5 ampere continuously. The petitioner asserts 
that the proposed alternative method would provide at least the same 
measure of protection as the existing standard.

14. D & F Deep Mine

[Docket No. M-2000-148-C]

    D & F Deep Mine, RD 1, Box 33A, Klingerstown, Pennsylvania 17941 
has filed a petition to modify the application of 30 CFR 49.2 (mine 
rescue teams) to its Buck Drift Mine (I.D. No. 36-07456) 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 
the proposed alternative method would provide at least the same measure 
of protection as the existing standard.

15. D & F Deep Mine

[Docket No. M-2000-149-C]

    D & F Deep Mine, RD 1, Box 33A, Klingerstown, Pennsylvania 17941 
has filed a petition to modify the application of 30 CFR 75.335 
(construction of seals) to its Buck Drift Mine (I.D. No. 36-07456) 
located in Schuylkill County, Pennsylvania. The petitioner requests a 
modification of the existing standard to permit alternative methods of 
construction of seals using 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.

16. D & F Deep Mine

[Docket No. M-2000-150-C]

    D & F Deep Mine, RD 1, Box 33A, Klingerstown, Pennsylvania 17941 
has filed a petition to modify the application of 30 CFR 75.1100-2(a) 
(quantity and location of firefighting equipment) to its Buck Drift 
Mine (I.D. No. 36-07456) located in Schuylkill County, Pennsylvania. 
The petitioner proposes to use an alternative method of compliance for 
firefighting equipment 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 instead 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 would the existing standard.

17. D & F Deep Mine

[Docket No. M-2000-151-C]

    D & F Deep Mine, RD 1, Box 33A, Klingerstown, Pennsylvania 17941 
has filed a petition to modify the application of 30 CFR 75.1200(d) & 
(i) (mine map) to its Buck Drift Mine (I.D. No. 36-07456) 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 veins 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 mine 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.

18. D & F Deep Mine

[Docket No. M-2000-152-C]

    D & F Deep Mine, RD 1, Box 33A, Klingerstown, Pennsylvania 17941 
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 
Buck Drift Mine (I.D. No. 36-07456) 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 a drilling 
program under 30 CFR 75.388 or plan for mining into inaccessible area 
under 30 CFR 75.389 is required. The petitioner asserts that the low 
production and slow rate of advance in anthracite mining make surveying 
on 6-month intervals impractical. The petitioner asserts that the 
proposed alternative method would provide at least the same measure of 
protection as the existing standard.

19. Shamrock Coal Company

[Docket No. M-2000-153-C]

    Shamrock Coal Company, 1374 Highway 192 East, London, Kentucky 
40741 has filed a petition to modify the application of 30 CFR 75.1700 
(oil and gas wells) to its Shamrock #18 Series Mine (I.D. No. 15-02502) 
located in Leslie County, Kentucky. The petitioner has identified one 
oil or gas well located adjacent to longwall gate entries, and within a 
proposed longwall mining panel at its Shamrock #18 Series underground 
mine. The petitioner proposes to plug the well and mine through the 
plugged well. The petitioner asserts that the proposed alternative

[[Page 75976]]

method would provide at least the same measure of protection as the 
existing standard.

20. Canyon Fuel Company, LLC

[Docket No. M-2000-154-C]

    Canyon Fuel Company, LLC, HC 35 Box 380, Helper, Utah 84526-9804 
has filed a petition to modify the application of 30 CFR 75.350 (air 
courses and belt haulage entries) to its Skyline Mine No. 3 (I.D. No. 
42-01566) located in Carbon County, Utah. The petitioner proposes to 
use belt air to ventilate active working places. The petitioner asserts 
that the proposed alternative method would provide at least the same 
measure of protection as the existing standard.

21. Mountain Coal Company, L.L.C.

[Docket No. M-2000-155-C]

    Mountain Coal Company, L.L.C., 5174 Highway 133, P. O. Box 591, 
Somerset, Colorado 81434 has filed a petition to modify the application 
of 30 CFR 75.352 (return air courses) to its West Elk Mine (I.D. No. 
05-03672) located in Gunnison County, Colorado. The petitioner requests 
a modification of the existing standard to permit the use of a two-
entry mining system with the belt entry used as a return air course as 
stipulated in this petition for modification during longwall panel 
development mining. The petitioner proposes to install a low-level 
carbon monoxide system to be used as an early warning detection system 
during panel development mining, longwall setup, longwall retreat 
mining, and longwall recovery. 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.

22. Oxbow Carbon and Minerals, Inc.

[Docket No. M-2000-156-C]

    Oxbow Carbon and Minerals, Inc., P.O. Box 535, Somerset, Colorado 
81434 has filed a petition to modify the application of 30 CFR 75.701 
(grounding metallic frames, casings, and other enclosures of electric 
equipment) to its Sanborn Creek Mine (I.D. No. 05-04452) located in 
Gunnison County, Colorado. The petitioner requests a modification of 
the existing standard to permit an alternative method for grounding of 
a diesel generator. The petitioner proposes to use a 480 volt, wye 
connected, 320 KW portable diesel powered generator for utility power 
and to move electrically powered mining equipment in and around the 
mine. The petitioner asserts that the proposed alternative method would 
provide at least the same measure of protection as the existing 
standard.

23. Oxbow Carbon and Minerals, Inc.

[Docket No. M-2000-157-C]

    Oxbow Carbon and Minerals, Inc., P.O. Box 535, Somerset, Colorado 
81434 has filed a petition to modify the application of 30 CFR 75.901 
(protection of low- and medium-voltage three-phase circuits used 
underground) to its Sanborn Creek Mine (I.D. No. 05-04452) located in 
Gunnison County, Colorado. The petitioner requests a modification of 
the existing standard to permit an alternative method for grounding of 
a diesel generator. The petitioner proposes to use a 480 volt, wye 
connected, 320 KW portable diesel powered generator for utility power 
and to move electrically powered mining equipment in and around the 
mine. 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 ``<a href="/cdn-cgi/l/email-protection#cfaca0a2a2aaa1bbbc8fa2bca7aee1a8a0b9"><span class="__cf_email__" data-cfemail="8ae9e5e7e7efe4fef9cae7f9e2eba4ede5fc">[email protected]</span></a>,'' 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 January 4, 
2001. Copies of these petitions are available for inspection at that 
address.

    Dated: November 22, 2000.
Carol J. Jones,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 00-30841 Filed 12-4-00; 8:45 am]
BILLING CODE 4510-43-P


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