[Federal Register Volume 66, Number 102 (Friday, May 25, 2001)]
[Notices]
[Pages 28932-28934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13209]


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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. Big Ridge, Inc.

[Docket No. M-2001-013-C]

    Big Ridge, Inc., P.O. Box 444, Harrisburg, Illinois 62946 has filed 
a petition to modify the application of 30 CFR 75.503 (permissible 
electric face equipment; maintenance) and 30 CFR 18.41(f) (plug and 
receptacle-type connectors) to its Willow Lake Portal Mine (I.D. No. 
11-03054) located in Saline County, Illinois. The petitioner requests 
that its previously granted petition for modification for the Arclar 
Company, Big Ridge Mine, I.D. No. 11-02997, docket number M-98-69-C be 
transferred to the Big Ridge, Inc., Willow Lake Portal Mine, I.D. No. 
11-03054. The petitioner proposes to use fabricated metal locking 
devices, consisting of a locking screw threaded through a steel bracket 
to lock battery plugs to machine-mounted battery receptacles on 
permissible, mobile battery-powered machines instead of using padlocks, 
to prevent the threaded rings that secure the battery plugs to the 
battery receptacles from unintentionally loosening. The petitioner 
asserts that the proposed alternative method would provide at least the 
same measure of protection as the existing standard and petition for 
modification.

2. Consolidation Coal Company

[Docket No. M-2001-014-C and M-2001-015-C]

    Consolidation Coal Company, Consol Plaza, 1800 Washington Road, 
Pittsburgh, Pennsylvania 15241-1421 has filed a petition to modify the 
application of 30 CFR 75.1700 (oil and gas wells) to its Blacksville 
No. 2 Mine (I.D. No. 46-01968) located in Monongalia County, West 
Virginia, and its Robinson Run No. 95 Mine (I.D. No. 46-01318) located 
in Harrison County, West Virginia. The petitioner proposes to seal the 
Pittsburgh Coal Seam from the surrounding strata at the abandoned wells 
using technology developed through its well-plugging program instead of 
maintaining barriers around the oil and gas wells. The petitioner 
asserts that the proposed alternative method would provide at least the 
same measure of protection as the existing standard.

3. Goodin Creek Contracting, Inc.

[Docket No. M-2001-016-C]

    Goodin Creek Contracting, Inc., Rt. 1, Box 419-A1, Gray, Kentucky 
40734 has filed a petition to modify the application of 30 CFR 75.342 
(methane monitors) to its Goodin Creek #2 Mine (I.D. No. 15-18304) 
located in Knox County, Kentucky. The petitioner proposes to use hand-
held, continuous-duty methane and oxygen indicators instead of machine-
mounted methane monitors on three-wheel tractors with drag bottom 
buckets. The petitioner asserts that the proposed alternative method 
would provide at least the same

[[Page 28933]]

measure of protection as the existing standard.

4. Goodin Creek Contracting, Inc.

[Docket No. M-2001-017-C]

    Goodin Creek Contracting, Inc., Rt. 1, Box 419-A1, Gray, Kentucky 
40734 has filed a petition to modify the application of 30 CFR 
75.380(f)(4)(I) (escapeways; bituminous and lignite mines) to its 
Goodin Creek #2 Mine (I.D. No. 15-18304) located in Knox County, 
Kentucky. The petitioner proposes to use one twenty-or two ten-pound 
portable chemical fire extinguishers on each Mescher tractor. The fire 
extinguishers will be readily accessible to the equipment operator. The 
petitioner proposes to instruct the equipment operator to inspect each 
fire extinguisher daily before entering the mine, and maintain records 
of all inspections of the fire extinguishers. The petitioner asserts 
that the proposed alternative method would provide at least the same 
measure of protection as the existing standard.

5. Excel Mining, LLC

[Docket No. M-2001-018-C]

    Excel Mining, LLC, 4126 State Highway 194 West, Pikeville, Kentucky 
41501 has filed a petition to modify the application of 30 CFR 
75.388(a)(1) (boreholes in advance of mining) to its Excel Mine No. 3 
(I.D. No. 15-08079) located in Pike County, Kentucky. The petitioner 
proposes to drill boreholes in each advancing working place when the 
working place approaches to within twenty-five (25) feet of certain 
areas of the mine as shown by the surveys certified by a registered 
engineer or registered surveyor unless the area has been preshift 
examined. The petitioner has outlined specific terms and conditions in 
this petition that would be followed when implementing its proposed 
alternative method. The petitioner asserts that the proposed 
alternative method would provide at least the same measure of 
protection as the existing standard.

6. Windsor Coal Company

[Docket No. M-2001-019-C]

    Windsor Coal Company, P.O. Box 39, West Liberty, West Virginia 
26074 has filed a petition to modify the application of 30 CFR 
75.364(b)(2) (weekly examination) to its Windsor Mine (I.D. No. 46-
01286) located in Brooke County, West Virginia. The petitioner proposes 
to establish evaluation points to examined the return air course on a 
weekly basis and to maintain the evaluation points in safe condition, 
to have a certified person test for the proper quantity, quality, and 
direction of the air at all check points and place his/her initials, 
the date, and time in a record book kept on the surface and made 
available for inspection by interested persons. The petitioner states 
that due to deteriorating roof and rib conditions, traveling certain 
areas of the return air course would expose persons to hazardous 
conditions. The petitioner asserts that the proposed alternative method 
would provide at least the same measure of protection as the existing 
standard.

7. Brushy Creek Coal Company

[Docket No. M-2001-020-C]

    Brushy Creek Coal Company, 4270 North American Road, Galatia, 
Illinois 62935 has filed a petition to modify the application of 30 CFR 
75.364(b)(4) (weekly examination) to its Brushy Creek Mine (I.D. No. 
11-02636) located in Saline County, Illinois. The petitioner requests a 
modification of the existing standard to allow weekly examinations for 
water and gas levels at the seals of the #6 Slope to be checked at the 
slope. The petitioner proposes to construct a double set of seals and 
to check the water and gas concentrates at the slope seals. The 
petitioner asserts that application of the existing standard would 
result in a diminution of safety to the miners and that proposed 
alternative method would provide at least the same measure of 
protection as the existing standard.

8. Brushy Creek Coal Company

[Docket No. M-2001-021-C]

    Brushy Creek Coal Company, 4270 North American Road, Galatia, 
Illinois 62935 has filed a petition to modify the application of 30 CFR 
75.360(b)(5) (preshift examination) to its Brushy Creek Mine (I.D. No. 
11-02636) located in Saline County, Illinois. The petitioner requests a 
modification of the existing standard to allow preshift examinations 
for water and gas levels at the seals of the #6 slope to be checked at 
the slope. The petitioner proposes to construct a double set of seals 
and to check the water and gas concentrates at the slope seals. The 
petitioner asserts that application of the existing standard would 
result in a diminution of safety to the miners and that proposed 
alternative method would provide at least the same measure of 
protection as the existing standard.

9. Cook and Sons Mining, Inc.

[Docket No. M-2001-022-C]

    Cook and Sons Mining, Inc., 147 Big Blue Boulevard, Whitesburg, 
Kentucky 41858 has filed a petition to modify the application of 30 CFR 
75.503 (permissible electric face equipment; maintenance) and 30 CFR 
18.41(f) to its Premium Mine (I.D. No. 15-08978) and its Sandlick Mine 
(I.D. No. 15-17896) located in located Letcher County, Kentucky. The 
petitioner proposes to use a permanently installed spring-loaded 
locking device on permissible mobile battery-powered machines instead 
of using padlocks. This device will prevent unintentional loosening of 
battery plugs from battery receptacles, thus eliminating the hazards 
associated with difficult removal of padlocks during emergency 
situations. The petitioner asserts that the proposed alternative method 
would provide at least the same measure of protection as the existing 
standard.

10. Knife River Corporation

[Docket No. M-2001-023-C]

    Knife River Corporation, P.O. Box 30, Savage, Montana 59262-0030 
has filed a petition to modify the application of 30 CFR 77.900 (low- 
and medium-voltage circuits serving portable or mobile three-phase 
alternating current equipment; circuit breakers) to its Savage Mine 
(I.D. No. 24-00106) located in Richland County, Montana. The petitioner 
requests a modification of the standard for start up of the electric 
water pumps in the pit area when there is undervoltage or loss of power 
to the pump box. The petitioner proposes to: (i) Use automatic 
resetting circuit breakers that meet the requirement of the existing 
standard and that would reset only after trips that are caused by 
undervoltage; (ii) have a qualified person record examinations and make 
the records available for inspection upon request by interested 
parties; (iii) provide electrical training to all affected mining 
personnel before the system is put in operation, record this training, 
and make it available for inspection at all times; (iv) obtain 
undervoltage release by the undervoltage unit and use a normal closed 
relay in combination with a capacitor trip unit to open the breaker; 
and (v) post visible signs at the pump controller and the pumps, 
warning of automatic restart of the pumps. The petitioner asserts that 
the proposed alternative method would provide at least the same measure 
of protection as the existing standard.

11. Knife River Corporation

[Docket No. M-2001-024-C]

    Knife River Corporation, P.O. Box 30, Savage, Montana 59262-0030 
has filed a petition to modify the application of 30 CFR 77.900 (low- 
and medium-

[[Page 28934]]

voltage circuits serving portable or mobile three-phase alternating 
current equipment; circuit breakers) to its Beulah Mine (I.D. No. 32-
00043) located in Mercer County, Montana. The petitioner requests a 
modification of the standard to permit start-up of the electric water 
pumps in the pit area when there is undervoltage or loss of power to 
the pump box. The petitioner proposes to: (i) Use automatic resetting 
circuit breakers that meet the requirement of the existing standard and 
that would reset only after trips that are caused by undervoltage; (ii) 
have a qualified person record examinations and make records available 
for inspection upon request by interested parties; (iii) provide 
electrical training to all affected mining personnel before the system 
is put in operation, record this training and make it available for 
inspection at all times; (iv) obtain undervoltage release by the 
undervoltage unit and use a normal closed relay in combination with a 
capacitor trip unit to open the breaker; and (v) post visible signs at 
the pump controller and at the pumps, warning of automatic restart of 
the pumps. The petitioner asserts that the proposed alternative method 
would provide at least the same measure of protection as the existing 
standard.

12. Excel Mining, LLC

[Docket No. M-2001-025-C]

    Excel Mining, LLC, HC 67, Box 615, Pilgrim, Kentucky 41250 has 
filed a petition to modify the application of 30 CFR 75.503 
(permissible electric face equipment; maintenance) and 30 CFR 18.41(f) 
(plug and receptacle-type connectors) to its Mine No. 2 (I.D. No. 15-
09571) located in Martin County, Kentucky, and its Mine No. 3 (I.D. No. 
15-08079) located in Pike County, Kentucky. The petitioner proposes to 
use a permanently installed locking screw threaded through a steel 
bracket or spring-loaded locking devices in lieu of padlocks on battery 
plugs for powering permissible underground mining equipment. This is to 
prevent the threaded rings securing the battery plugs to the battery 
receptacles from unintentional loosening. Warning tags stating ``Do Not 
Disengage Plugs Under Load'' will be placed on all battery connectors 
on the battery-powered equipment. The petitioner states that all 
personnel who operate and maintain the battery-powered mobile equipment 
would receive training before implementation 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.

Request for Comments

    Persons interested in these petitions are encouraged to submit 
comments via e-mail to ``<a href="/cdn-cgi/l/email-protection#30535f5d5d555e4443705d4358511e575f46"><span class="__cf_email__" data-cfemail="1774787a7a72796364577a647f7639707861">[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 June 25, 
2001. Copies of these petitions are available for inspection at that 
address.

    Dated at Arlington, Virginia this 2nd day of May 2001.
David L. Meyer,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 01-13209 Filed 5-24-01; 8:45 am]
BILLING CODE 4510-43-P


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