[Federal Register Volume 63, Number 11 (Friday, January 16, 1998)]
[Notices]
[Pages 2698-2700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1152]


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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 mandatory safety standards under section 101(c) of the 
Federal Mine Safety and Health Act of 1977.

1. Jim Walter Resources, Inc.

[Docket Nos. M-97-128-C and M-97-129-C]

    Jim Walter Resources, Inc., P.O. Box 133, Brookwood, Alabama 35444 
has filed a petition to modify the application of 30 CFR 75.1002 
(location of trolley wires, trolley feeder wires, high-voltage cables 
and transformers) to its No. 5 Mine (I.D. No. 01-01322), and its No. 7 
Mine (I.D. No. 01-01401) both located in Tuscaloosa County, Alabama. 
The petitioner requests that paragraph 11 of its previous petitions, 
docket numbers M-85-45-C and M-85-9-C, be amended to read as follows: 
Where high-voltage cable that moves during normal operation of the 
longwall is damaged to the extent that any metallic component of the 
cable is damaged, the cable shall be repaired and the outer jacket of 
such repair shall be vulcanized with flame-resistant material. The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as would the mandatory 
standard.

2. Par L Coal Company

[Docket No. M-97-130-C]

    Par L Coal Company, R.D. #1, Box 56A, Hegins, Pennsylvania 17938 
has filed a petition to modify the application of 30 CFR 75.364(b) (1), 
(4), and (5) (weekly examination) to its Tracy Vein Slope (I.D. No. 36-
08685) located in Schuylkill County, Pennsylvania. Due to hazardous 
conditions and roof falls, certain areas of the intake haulage slope 
and primary

[[Page 2699]]

escapeway cannot be traveled safely. The petitioner proposes to examine 
these areas from the gunboat/slope car with an alternative air quality 
evaluation at the section's intake level, and to travel and thoroughly 
examine these areas for hazardous conditions once a month. The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as would the mandatory 
standard.

3. Par L Coal Company

[Docket No. M-97-131-C]

    Par L Coal Company, R.D. #1, Box 56A, Hegins, Pennsylvania 17938 
has filed a petition to modify the application of 30 CFR 75.1100-2 
(quantity and location of firefighting equipment) to its Tracy Vein 
Slope (I.D. No. 36-08685) located in Schuylkill County, Pennsylvania. 
The petitioner proposes to use only portable fire extinguishers to 
replace existing requirements where rock dust, water cars, and other 
water storage are not practical. The petitioner asserts that the 
proposed alternative method would provide at least the same measure of 
protection as would the mandatory standard.

4. Par L Coal Company

[Docket No. M-97-132-C]

    Par L Coal Company, R.D. #1, Box 56A, Hegins, Pennsylvania 17938 
has filed a petition to modify the application of 30 CFR 75.1200 (d) & 
(i) (mine map) to its Tracy Vein Slope (I.D. No. 36-08685) 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 the proposed alternative method would provide 
at least the same measure of protection as would the mandatory 
standard.

5. Par L Coal Company

[Docket No. M-97-133-C]

    Par L Coal Company, R.D. #1, Box 56A, Hegins, Pennsylvania 17938 
has filed a petition to modify the application of 30 CFR 75-1400 
(hoisting equipment; general) to its Tracy Vein Slope (I.D. No. 36-
08685) located in Schuylkill County, Pennsylvania. The petitioner 
proposes to use a slope conveyance (gunboat) in transporting persons 
without installing safety catches or other no less effective devices 
but instead use increased rope strength/safety factor and secondary 
safety rope connection in place of such devices. The petitioner asserts 
that the proposed alternative method would provide at least the same 
measure of protection as would the mandatory standard.

6. Par L Coal Company

[Docket No. M-97-134-C]

    Par L Coal Company, R.D. #1, Box 56A, Hegins, Pennsylvania 17938 
has filed a petition to modify the application of 30 CFR 75.1202-1(a) 
(temporary notations, revisions, and supplements) to its Tracy Vein 
Slope (I.D. No. 36-08685) 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 asserts that the proposed alternative 
method would provide at least the same measure of protection as would 
the mandatory standard.

7. Turris Coal Company

[Docket No. M-97-135-C]

    Turris Coal Company, P.O. Box 21, Elkhart, Illinois 62634 has filed 
a petition to modify the application of 30 CFR 75.332(a)(2) (working 
sections and working places) to its Elkhart Mine (I.D. No. 11-02664) 
located in Logan County, Illinois. The petitioner proposes to use the 
gathering arms and conveyor chain of the continuous miner to clean and 
load the loose rock and coal that is left on the mine floor after the 
continuous miner has completed its cut while the second continuous 
miner on the high performance unit simultaneously starts its cut; and 
to have the continuous miner maintain the same ventilation and water 
sprays required during the cut. The petitioner asserts that the 
proposed alternative method would provide at least the same measure of 
protection as would the mandatory standard.

8. Jim Walter Resources, Inc.

[Docket No. M-97-136-C]

    Jim Walter Resources, Inc. P.O. Box 133, Brookwood, Alabama 35444 
has filed a petition to modify the application of 30 CFR 75.1002 
(trolley wires, trolley feeder wires, high-voltage cables and 
transformers) to its No. 3 Mine (I.D. No. 01-00758) located in 
Jefferson County, Alabama; and its No. 4 Mine (I.D. No. 01-01247) 
located in Tuscaloosa County, Alabama. The petitioner requests that 
paragraph 13 of its previous petition, docket number M-93-209-C, be 
amended to read as follows: Where a high-voltage cable that moves 
during normal operation of the longwall is damaged to the extent that 
any metallic component of the cable is damaged, the cable shall be 
repaired and the outer jacket of such repair shall be vulcanized with 
flame-resistant material. The petitioner asserts that the proposed 
alternative method would provide at least the same measure of 
protection as would the mandatory standard.

9. Dominion Coal Corporation

[Docket No. M-97-137-C]

    Dominion Coal Corporation, P.O. Box 70, Vansant, Virginia 24656 has 
filed a petition to modify the application of 30 CFR 75.360(b)(5) 
(preshift examination) to its Mine No. 36 (I.D. No. 44-06759) located 
in Buchanan County, Virginia. The petitioner requests a variance from 
preshift of seals along intake air courses since the intake air passes 
by both sides of the seals to ventilate working sections where anyone 
is scheduled to work during the oncoming shifts. The petitioner asserts 
that application of the mandatory standard would provide at least the 
same measure of protection as would the mandatory standard.

10. Consolidation Coal Company

[Docket No. M-97-138-C]

    Consolidation Coal Company, Consol Plaza, 1800 Washington Road, 
Pittsburgh, Pennsylvania 15241-1421 has filed a petition to modify the 
application of 30 CFR 75.1906(b) (transport of diesel fuel) to its 
Buchanan Mine (I.D. No. 44-04856) located in Buchanan County, Virginia. 
The petitioner requests a variance to permit transportation of multiple 
safety cans on a single vehicle for certain specified applications. The 
petitioner proposes to refuel equipment involved in longwall moves; to 
transport multiple safety cans, not to exceed six, by any one vehicle 
from the portal bottom or underground storage facility to the longwall 
section to refuel equipment; to equip three 20-pound fire extinguishers 
on a vehicle transporting more than one safety can filled with diesel 
fuel; to equip a manually actuated fire suppression system on a vehicle 
transporting more than one safety can filled with diesel fuel; to 
provide additional fire protection by a mine-wide computerized CO 
detection system; to secure the safety cans in the vehicle by 
protective retaining cylinders; to have the vehicle transport only 
miners, and

[[Page 2700]]

the vehicle operator while transporting diesel-filled safety cans; and 
to transfer the diesel fuel from the safety cans to equipment fuel 
tanks upon arrival on the longwall section. The petitioner states that 
the safety cans would not be stored on the longwall section; and that 
following refueling, the empty safety cans would be returned to the 
vehicle and transported to the surface or underground storage facility. 
The petitioner asserts that the proposed alternative method would 
provide at least the same measure of protection as would the mandatory 
standard.

11. Energy West Mining Company

[Docket No. M-97-139-C]

    Energy West Mining Company, P.O. Box 310, Huntington, Utah 84528 
has filed a petition to modify the application of 30 CFR 75.350 (air 
courses and belt haulage entries) to its Trail Mountain Mine (I.D. No. 
42-01211) located in Emery County, Utah. The petitioner requests that 
Item (o) of the Proposed Decision and Order for its previously granted 
petition, docket number M-94-166-C, be amended to incorporate new 
language specified in this petition. The petitioner asserts that the 
proposed alternative method would provide at least the same measure of 
protection as would the mandatory standard.

12. Energy West Mining Company

[Docket No. M-97-140-C]

    Energy West Mining Company, P.O. Box 310, Huntington, Utah 84528 
has filed a petition to modify the application of 30 CFR 75.352 (return 
air courses) to its Trail Mountain Mine (I.D. No. 42-01211) located in 
Emery County, Utah. The petitioner requests that Item (o) of the 
Proposed Decision and Order for its previously granted petition, docket 
number M-94-167-C, be amended to incorporate new language specified in 
this petition. The petitioner asserts that the proposed alternative 
method would provide at least the same measure of protection as would 
the mandatory standard.

13. M & M Anthracite Coal Company

[Docket No. M-97-141-C]

    M & M Anthracite Coal Company, 245 2nd Street, Tremont, 
Pennsylvania 17981 has filed a petition to modify the application of 30 
CFR 75.1400 (hoisting equipment; general) to its Little Tracey Slope 
(I.D. No. 36-08693) located in Schuylkill County, Pennsylvania. The 
petitioner proposes to use a slope conveyance (gunboat) in transporting 
persons without installing safety catches or other no less effective 
devices but instead use increased rope strength/safety factor and 
secondary safety rope connection in place of such devices. The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as would the mandatory 
standard.

14. Elk Run Coal Company

[Docket No. M-97-142-C]

    Elk Run Coal Company, Box 497, Sylvester, West Virginia 25193 has 
filed a petition to modify the application of 30 CFR 75.503 
(permissible electric face equipment; maintenance) to its Laurel Eagle 
Mine (I.D. No. 46-08181) located in Raleigh County, West Virginia; and 
its Black Knight II Mine (I.D. No. 46-08402) located in Boone County, 
West Virginia. The petitioner proposes to use permanently installed, 
spring-loaded locking devices on mobile battery-powered machines to 
prevent unintentional loosening of battery plugs from battery 
receptacles in order to eliminate the hazards associated with difficult 
removal of padlocks during emergency situations, instead of using 
padlocks. The petitioner asserts that application of the mandatory 
standard would result in a diminution of safety to the miners. In 
addition, the petitioner asserts that the proposed alternative method 
would provide at least the same measure of protection as would the 
mandatory standard.

15. Tg Soda Ash, Inc.

[Docket No. M-97-13-M]

    Tg Soda Ash, Inc., P.O. Box 100, Granger, Wyoming 82934 has filed a 
petition to modify the application of 30 CFR 57.22305 (approved 
equipment (III mines) to its Wyoming Soda Ash Trona Mine (I.D. No. 48-
00639) located in Sweetwater County, Wyoming. The petitioner proposes 
to operate a non-permissible pump in an area of the mine that was 
previously a shortwall panel. The petitioner proposes to operate 
approved equipment in by the last open break or in areas where methane 
may enter the airstream. The petitioner asserts that the proposed 
alternative method would provide at least the same measure of 
protection as would the mandatory standard.

16. Getchell Gold Corporation

[Docket No. M-97-14-M]

    Getchell Gold Corporation, P.O. Box 220, 28 Miles N.E., Golconda, 
Nevada 89414 has filed a petition to modify the application of 30 CFR 
57.14130 (roll-over protective structures (ROPS) and seat belts for 
surface equipment) to its Getchell Mine (I.D. No. 26-02233) located in 
Humboldt County, Nevada. The petitioner requests variance from the use 
of the ROPS portion of the mandatory standard for its John Deere Model 
570B Grader, serial number DW570BX5544565 and the Caterpillar D3C 
Dozer, serial number 6SL0153 equipment used primarily underground. The 
petitioner asserts that using this equipment underground without 
rollover protection would present a minimum exposure to the miners.

Request for Comments

    Persons interested in these petitions may furnish written comments. 
These comments must be filed with the Office of Standards, Regulations, 
and Variances, Mine Safety and Health Administration, Room 627, 4015 
Wilson Boulevard, Arlington, Virginia 22203. All comments must be 
postmarked or received in that office on or before February 17, 1998. 
Copies of these petitions are available for inspection at that address.

    Dated: January 13, 1998.
Patricia W. Silvey,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 98-1152 Filed 1-15-98; 8:45 am]
BILLING CODE 4510-43-P