[Federal Register Volume 66, Number 108 (Tuesday, June 5, 2001)]
[Notices]
[Pages 30232-30235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14116]



[[Page 30232]]

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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. Fork Creek Mining Company

[Docket No. M-2001-026-C]

    Fork Creek Mining Company, PO Box 24, Alum Creek, West Virginia 
25003 has filed a petition to modify the application of 30 CFR 75.350 
(belt haulage entries) to its Tiny Creek No. 2 Mine (I.D. No. 46-08835) 
located in Lincoln County, West Virginia. The petitioner proposes to 
use belt air to ventilate active working places. The petitioner 
proposes to install a carbon monoxide monitoring system as an early 
warning fire detection system in all belt entries used to carry intake 
air to a working place. The petitioner asserts that the proposed 
alternative method would provide at least the same measure of 
protection as the existing standard.

2. Eighty-Four Mining Company

[Docket No. M-2001-027-C]

    Eighty-Four Mining Company, Consol Plaza, 1800 Washington Road, 
Pittsburgh, Pennsylvania 15241-1421 has filed a petition to modify the 
application of 30 CFR 75.312(c) and (d) (main mine fan examinations and 
records) to its Mine 84 (I.D. No. 36-00958) located in Washington 
County, Pennsylvania. The petitioner proposes to test automatic closing 
doors and the automatic fan signal devices at least every 31 days 
without shutting down the fan and without removing miners from the mine 
to eliminate the hazards associated with shutting the fan down. The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as the existing standard.

3. DLR Mining, Inc.

[Docket No. M-2001-028-C]

    DLR Mining, Inc., 3065 Airport Road, Indiana, Pennsylvania 15701 
has filed a petition to modify the application of 30 CFR 75.1100-
2(e)(2) (quantity and location of firefighting equipment) to its Nolo 
Mine (I.D. No. 36-08850) located in Indiana County, Pennsylvania. 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.

4. Bowie Resources Limited

[Docket No. M-2001-029-C]

    Bowie Resources Limited, PO Box 483, Paonia, Colorado 81428 has 
filed a petition to modify the application of 30 CFR 75.1726(a) 
(performing work from a raised position; safeguards) to its Bowie No. 2 
Mine (I.D. No. 05-04591) located in Delta County, Colorado. The 
petitioner requests a modification of the existing standard to permit 
the use of modified diesel powered L.H.D.'s or scoops as elevated 
mobile work platforms at the Bowie No. 2 Mine. The petitioner asserts 
that the proposed alternative method would provide at least the same 
measure of protection as the existing standard.

5. Independence Coal Company, Inc.

[Docket No. M-2001-030-C]

    Independence Coal Company, HC 78 Box 1800, Madison, West Virginia 
25130 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 Allegiance Mine (I.D. No. 
46-08735), Jacks Branch Buffalo Creek Mine (I.D. No. 46-08513), Justice 
#1 Mine (I.D. No. 46-07273), Twilight Chilton R Mine (I.D. No. 46-
08513) located in Boone County, West Virginia; and Cedar Grove Mine 
(I.D. No. 46-08603), Shumate Powellton Mine (I.D. No. 46-08492), 
Shumate Upper Cedar Grove Mine (I.D. No. 46-08497), and Tunnel Mine 
(I.D. No. 46-08655) located in Raleigh County, West Virginia. The 
petitioner proposes to use a permanently installed spring-loaded device 
instead of a padlock on mobile battery-powered equipment to prevent 
unintentional loosening of battery plugs from battery receptacles. The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as the existing standard.

6. Aracoma Coal Company, Inc.

[Docket No. M-2001-031-C]

    Aracoma Coal Company, Inc., PO Box 470, Stollings, West Virginia 
25646 has filed a petition to modify the application of 30 CFR 75.503 
(permissible electric face equipment; maintenance) and 18.41(f) (plug 
and receptacle-type connectors) to its Hernshaw Mine (I.D. No. 46-
08802) located in Logan County, West Virginia. The petitioner proposes 
to use a threaded ring and a spring-loaded device instead of padlocks 
on mobile battery-powered machines to prevent the plug connector from 
accidently disengaging while under load. 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 
persons who operate or maintain battery-powered machines will be 
instructed on the safe practices and provisions for compliance with 
this proposed alternative method. 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.

7. Aracoma Coal Company, Inc.

[Docket No. M-2001-032-C]

    Aracoma Coal Company, Inc., PO Box 470, Stollings, West Virginia 
25646 has filed a petition to modify the application of 30 CFR 75.503 
(permissible electric face equipment; maintenance) and 18.41(f) (plug 
and receptacle-type connectors) to its Hernshaw Mine (I.D. No. 46-
08802) located in Logan County, West Virginia. The petitioner proposes 
to use a threaded ring and a spring loaded device instead of padlocks 
on battery connectors on mobile battery-powered machines used inby the 
last open crosscut to prevent the plug connector from accidently 
disengaging while under load. 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 persons who 
operate or maintain battery-powered machines will be instructed on the 
safe practices and provisions for compliance with this proposed 
alternative method. 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.

8. American Energy Corporation

[Docket No. M-2001-033-C]

    American Energy Corporation, Post Office Box 5, Alledonia, Ohio 
43902 has filed a petition to modify the application of 30 CFR 75.350 
(air courses and belt haulage entries) to its Century Mine (I.D. No. 
33-01070) located in Belmont County, Ohio. The petitioner proposes to 
use air coursed through belt haulage entries to ventilate active 
working places. The petitioner

[[Page 30233]]

proposes to install a carbon monoxide monitoring system as an early 
warning fire detection system in all belt entries used to course intake 
air to a working place. The petitioner asserts that the proposed 
alternative method would provide at least the same measure of 
protection as the existing standard.

9. Newtown Energy, Inc.

[Docket No. M-2001-034-C]

    Newtown Energy, Inc., 13905 MacCorkle Avenue, One Carbon Center, 
Suite 200, Chesapeake, West Virginia 25315 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 Eagle Mine No. 1 (I.D. No. 46-08759) located in 
Kanawha County, West Virginia. The petitioner proposes to use 
permanently installed spring-loaded devices instead of padlocks on 
battery plugs on mobile battery-powered machines to prevent the 
threaded ring from unintentional loosening while under load. 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 persons who operate or maintain battery-powered 
machines will be instructed on the safe practices and provisions for 
compliance with 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.

10. Twentymile Coal Company

[Docket No. M-2001-035-C]

    Twentymile Coal Company, One Oxford Centre, 301 Grant Street, 20th 
Floor, Pittsburgh, Pennsylvania 15219 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 Foidel Creek Mine (I.D. 
No. 05-03836) located in Routt County, Colorado. The petitioner 
requests that paragraph 1 and paragraph 12 of the Proposed Decision and 
Order be amended for its previously granted petition for modification, 
docket number M-1998-056-C. The petitioner asserts that the proposed 
alternative method would provide at least the same measure of 
protection as the existing standard.

11. Twentymile Coal Company

[Docket No. M-2001-036-C]

    Twentymile Coal Company, One Oxford Centre, 301 Grant Street, 20th 
Floor, Pittsburgh, Pennsylvania 15219 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 Foidel Creek Mine 
(I.D. No. 05-03836) located in Routt County, Colorado. The petitioner 
requests a modification of the existing standard to permit an 
alternative method of compliance for grounding of its diesel generator 
to provide power to electric powered equipment used to travel through 
the mine and to haul equipment and supplies. The petitioner proposes to 
ground the portable generator to a low ground field and incorporate a 
ground fault system for the power circuits that would deenergize the 
mining equipment if a phase to frame fault occurs. The petitioner 
asserts that the proposed alternative method would provide at least the 
same measure of protection as the existing standard.

12. Left Fork Mining Company, Inc.

[Docket No. M-2001-037-C]

    Left Fork Mining Company, Inc., P.O. Box 405, Arjay, Kentucky 40902 
has filed a petition to modify the application of 30 CFR 75.380(i)(2) 
(escapeways; bituminous and lignite mines) to its Straight Creek #1 
Mine (I.D. No. 15-12564) located in Bell County, Kentucky. The 
petitioner proposes to use a manually operated hoist as a mechanical 
means of escape in its secondary escapeway. The petitioner asserts that 
the proposed alternative method would provide at least the same measure 
of protection as the existing standard.

13. Faith Coal Sales, Inc.

[Docket No. M-2001-038-C]

    Faith Coal Sales, Inc., P.O. Box 69, Regina, Kentucky 41559 has 
filed a petition to modify the application of 30 CFR 75.503 
(permissible electric face equipment; maintenance) and 18.41(f) (plug 
and receptacle-type connectors) to its White Star No. 1 Mine (I.D. No. 
15-17224) located in Knott County, Kentucky. The petitioner proposes to 
use permanently installed, spring-loaded locking devices instead of 
padlocks on battery-powered machines to prevent unintentional loosening 
of battery plugs from battery receptacles to eliminate the hazards 
associated with difficult removal of padlocks during emergency 
situations. The petitioner asserts that application of the proposed 
alternative method would provide at least the same measure of 
protection as the existing standard.

14. Black Beauty Coal Company

[Docket No. M-2001-039-C]

    Black Beauty Coal Company, 801 Laidley Tower, P.O. Box 1233, 
Charleston, West Virginia 25324-1233 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 Riola #1 
Mine (I.D. No. 11-02971) located in Vermilion County, Illinois. The 
petitioner requests that the proposed decision and order (PDO) for its 
previously granted petition M-2000-138-C be amended. The petitioner's 
request is to change paragraph 1 to paragraph 1a, and add paragraph 1b 
to read as follows: An onboard mounted 480-volt to 2,400-volt 
transformer may be used when the miner is trammed into, out of, or 
around the mine using specific procedures outlined in the petition; to 
add specific criteria to be met in paragraph 16b; to add language at 
the end of paragraph 25; to amend paragraph 28 to allow functional test 
to be conducted weekly instead of at the start of each production 
shift; to add language to paragraph 32; and add paragraph 34. The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as the existing standard.

15. Peabody Coal Company

[Docket No. M-2001-040-C]

    Peabody Coal Company, 801 Laidley Tower, P.O. Box 1233, Charleston, 
West Virginia 25324-1233 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 Highland Mine (I.D. No. 
15-02709) located in Union County, Kentucky. The petitioner proposes to 
use high-voltage (2,400) trailing cables at the working continuous 
miner section(s) and use a portable transformer to supply power to the 
995-volt tramming motors on the continuous miner when the miner is 
trammed into, out of, or around the mine. The petitioner asserts that 
the proposed alternative method would provide at least the same measure 
of protection as the existing standard.

16. Appalachian Eagle, Inc.

[Docket No. M-2001-041-C]

    Appalachian Eagle, Inc., 2971C East Dupont Avenue, Shrewsbury, West 
Virginia 25015 has filed a petition to modify the application of 30 CFR 
75.1700 (oil and gas wells) to its Mine No. 1 (I.D. No. 46-05437) 
located in Kanawha County, West Virginia. The petitioner proposes to 
plug and mine through oil and gas wells. The petitioner

[[Page 30234]]

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

17. Branham & Baker Underground Corp.

[Docket No. M-2001-0042-C]

    Branham & Baker Underground Corp., P.O. Box 1409, Pikeville, 
Kentucky 41502 has filed a petition to modify the application of 30 CFR 
75.503 (permissible electric face equipment; maintenance) 18.41 (plug 
and receptacle-type connectors) to its Mine #2B (I.D. No. 15-17902), 
Mine #10 (I.D. No. 15-07763), Mine #15 (I.D. No. 15-17786), and Mine 
#22 (I.D. No. 15-18285) all located in Pike County, Kentucky. The 
petitioner proposes to use a permanently installed spring-loaded device 
instead of padlocks on battery-powered machines to prevent 
unintentional loosening of battery plugs from battery receptacles to 
eliminate 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.

18. West Ridge Resources, Inc.

[Docket No. M-2001-043-C]

    West Ridge Resources, Inc., P.O. Box 902, Price, Utah 84501 has 
filed a petition to modify the application of 30 CFR 75.804(a) 
(underground high-voltage cables) to its West Ridge Mine (I.D. No. 42-
02233) located in Carbon County, Utah. The petitioner proposes to use 
high-voltage cables for longwall equipment, with an insulated internal 
ground check conductor smaller than a No. 10 (AWG), and a ground check 
conductor not smaller than a No. 16 (AWG). The high-voltage cables 
would be Cablec Anaconda brand 5KV 3/C type SHD+GC, Pirelli 5KV 3/C 
type SHD-CENTER-GC or Tiger Brand 5KV type SHC-CGC, MSHA accepted 
flame-resistant cable. The petitioner asserts that the proposed 
alternative method would provide at least the same measure of 
protection as the existing standard.

19. Canyon Fuel Company, LLC

[Docket No. M-2001-044-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 
(underground high-voltage cables) to its Skyline Mine #3 (I.D. No. 42-
01566) located in Carbon County, Utah. The petitioner proposes to use 
high-voltage (4,160-volt) longwall equipment in by the last open 
crosscut at the working longwall sections. The petitioner asserts that 
the proposed alternative method would provide at least the same measure 
of protection as would the existing standard.

20. Drummond Company, Inc.

[Docket No. M-2001-045-C]

    Drummond Company, Inc., P.O. Box 10246, Birmingham, Alabama 35202-
0246 has filed a petition to modify the application of 30 CFR 75.1002 
(underground high-voltage cables) to its Shoal Creek Mine (I.D. No. 01-
02901) located in Jefferson County, Alabama. The petitioner proposes to 
use high-voltage (2,400-volts) cables on its continuous miner sections. 
The petitioner asserts that the proposed alternative method would 
provide at least the same measure of protection as the existing 
standard.

21. Headache Coal Company, Inc.

[Docket No. M-2001-046-C]

    Headache Coal Company, Inc., 22 Mary Ann Drive, Gray, Kentucky 
40734 has filed a petition to modify the application of 30 CFR 75.342 
(methane monitors) to its Goodin Creek Mine (I.D. No. 15-18176) located 
in Knox County, Kentucky. The petitioner proposes to use hand-held 
continuous-duty methane and oxygen indicators on three-wheel tractors 
with drag bottom buckets instead of using machine mounted monitors. The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as the existing standard.

22. Headache Coal Company, Inc.

[Docket No. M-2001-047-C]

    Headache Coal Company, Inc., 22 Mary Ann Drive, 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 Mine (I.D. No. 15-18176) located in Knox County, Kentucky. 
The petitioner proposes to use two ten-pound portable chemical fire 
extinguishers on each Mescher Jeep. 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 prior to entering the mine, replace all defective fire 
extinguishers 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.

23. Appalachian Eagle, Inc.

[Docket No. M-2001-048-C]

    Appalachian Eagle, Inc., Box 282, Dawes, West Virginia 25054-0282 
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 #1 (I.D. No. 46-
05437) located in Kanawha County, West Virginia. The petitioner 
proposes to use a permanently installed spring-loaded device instead of 
padlocks on battery-powered machines to prevent unintentional loosening 
of battery plugs from battery receptacles 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 of safety to the miners and that 
the proposed alternative method would provide at least the same measure 
of protection as the existing standard.

24. Coastal Coal West Virginia, LLC

[Docket No. M-2001-049-C]

    Coastal Coal West Virginia, LLC, R. 1, Box 294C, Newburg, West 
Virginia 26410 has filed a petition to modify the application of 30 CFR 
75.350 (air courses and belt haulage entries) to its Whitetail K-Mine 
(I.D. No. 46-08751) located in Preston County, West Virginia. The 
petitioner proposes to use belt haulage entries to ventilate active 
working places. The petitioner proposes to install a carbon monoxide 
monitoring system as an early warning fire detection system in all belt 
entries used to course intake air to a working place. The petitioner 
asserts that the proposed alternative method would provide at least the 
same measure of protection as the existing standard.

25. Mingo Logan Coal Company

[Docket No. M-2001-050-C]

    Mingo Logan Coal Company, 1000 Mingo Logan Avenue, Wharncliffe, 
West Virginia 25651 has filed a petition to modify the application of 
30 CFR 75.1700 (oil and wells) to its Mountaineer Alma-A Mine (I.D. No. 
46-08730) located in Mingo County, West Virginia. The petitioner 
proposes to plug and mine through gas wells. 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#96f5f9fbfbf3f8e2e5d6fbe5fef7b8f1f9e0"><span class="__cf_email__" data-cfemail="6704080a0a02091314270a140f0649000811">[email protected]</span></a>,'' or on

[[Page 30235]]

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 July 5, 2001. Copies of these petitions are available for 
inspection at that address.

    Dated at Arlington, Virginia this 29th day of May 2001.
David L. Meyer,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 01-14116 Filed 6-4-01; 8:45 am]
BILLING CODE 4510-43-U


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