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MSHA - Petitions for Modification

September 10, 1999 (Volume 64, Number 175)
Page 49246-49247

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. PennAmerican Coal L.P.

[Docket No. M-1999-062-C]

PennAmerican Coal L.P., R.D. #1, Box 119A, Avonmore, Pennsylvania 15618 has filed a petition to modify the application of 30 CFR 75.1100- 2(e)(2) (quantity and location of firefighting equipment) to its Burrell Mine (I.D. No. 36-08525) located in Indiana County, Pennsylvania. The petitioner requests a variance from the mandatory standard to permit an alternate compliance method for fire fighting equipment at temporary electrical installations. The petitioner proposes to use two fire extinguishers or one fire extinguisher of twice the required capacity at all temporary electrical installations instead of one portable fire extinguisher and 240 pounds of rock dust. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as the mandatory standard.

2. Bowie Resources, Ltd.

[Docket No. M-1999-063-C]

Bowie Resources, Ltd., 1855 Old Hwy. 133, P.O. Box 483, Paonia, Colorado 81428 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 Bowie Mine No. 2 (I.D. No. 05-04591) located in Delta County, Colorado. The petitioner proposes to use a nominal voltage of longwall power circuits not to exceed 2,400 volts to supply power to the permissible high-voltage longwall mining equipment inby the last open crosscut. The petitioner has listed in this petition specific terms and conditions for using its proposed alternative method. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as the mandatory standard.

3. Bowie Resources, Inc.

[Docket No. M-1999-064-C]

Bowie Resources, Inc., 1855 Old Hwy. 133, P.O. Box 483 has filed a petition to modify the application of 30 CFR 75.804(a) (underground high-voltage cables) to its Bowie Mine No. 2 (I.D. No. 05-04591) located in Delta County, Colorado. The petitioner requests a variance from the mandatory standard to use center ground check high-voltage longwall cables as an option for high-voltage longwall cables on longwall diesel equipment. The petitioner states that: (i) these cables will be in compliance with the existing standard or will be CABLEC/BICC Anaconda brand 5KV, 3/C type SHD+GC; Americable Tiger Brand, 3/C, 5KV, type SHD__CGC; Pirelli 5KV, 3/C, type SHD-CENTER-GC; or similar 5000- volt cable with a center ground check conductor, and manufactured to the ICEA standard S-75-381 for Type SHD, three-conductor cables, MSHA accepted as flame-resistant, and the ground check conductor will not be smaller than a No. 16 AWG stranded conductor; (ii) the cable construction will be symmetrical 3/C, 3/G and 1/GC; (iii) the electrical personnel who perform maintenance on the longwall will receive training in the installation, splicing, and repair of the cables before the alternative method is implemented; and (iv) proposed revisions to its Part 48 training plan will be submitted to the District Manager 60 days after the Proposed Decision and Order becomes final. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as the mandatory standard.

4. Canterbury Coal Company

[Docket No. M-1999-065-C]

Canterbury Coal Company, R.D. #1, Box 119, Avonmore, Pennsylvania 15618 has filed a petition to modify the application of 30 CFR 75.1100- 2(e)(2) (quantity and location of firefighting equipment) to its DiAnne Mine (I.D. No. 36-05708) located in Armstrong County, Pennsylvania. The petitioner requests a variance from the mandatory standard to permit an alternate compliance method for fire fighting equipment at temporary electrical installations. The petitioner proposes to use two fire extinguishers or one fire extinguisher of twice the required capacity at all temporary electrical installations instead of using one fire extinguisher and 240 pounds of rock dust. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as the mandatory standard.

5. Hopkins County Coal LLC

[Docket No. M-1999-066-C]

Hopkins County Coal LLC, P.O. Box 711, Madisonville, Kentucky 42431 has filed a petition to modify the application of 30 CFR 75.513 (electric conductor; capacity and insulation) to its Island Mine #1 (I.D. No. 15-17515) located in Hopkins County, Kentucky. The petitioner proposes to use a smaller size cable to power each 300 KW Tag-A-Long rectifier, 315 KVA transformer approximately 379 FLA. The proposed modification would allow type 4/0 AWG 2KV 90 deg.C unshielded copper power cable, rated 329 amperes by I.C.E.A. standards of 100 feet or less instead of a 350 MCM shielded 8KV power cable rated 513 amperes. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as the mandatory standard.

6. Little Man Mining, Inc.

[Docket No. M-1999-067-C]

Little Man Mining, Inc., 11945 No. Big Creek Rd., Hatfield, Kentucky 41514 has filed a petition to modify the application of 30 CFR 75.1710 (canopies or cabs; diesel-powered and electric face equipment) to its No. 2 Mine (I.D. No. 15-18146) located in Pike County, Kentucky. The petitioner requests a

[[Page 49247]]

waiver from the mandatory standard to permit the operation of its cutting machine without a canopy in coal seam heights between 42 to 50 inches. The petitioner asserts that using a canopy on the cutting machine will lessen the degree of safety for the machine operator.

7. Peabody Coal Company

[Docket No. M-1999-068-C]

Peabody Coal Company, P.O. Box 120, Morganfield, Kentucky 42437 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 Camp No. 11 Mine (I.D. No. 15-08357) located in Union County, Kentucky. The petitioner requests a variance from the mandatory standard to permit the Getman diesel grader to be used underground with only rear wheel brakes instead of brakes that act on each wheel of the vehicle. The petitioner proposes to limit the diesel grader speed to 10 miles per hour maximum and train grader operators to drop the grader blade if the brakes fail. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as the mandatory standard.

8. The American Coal Company

[Docket No. M-1999-069-C]

The American Coal Company, P.O. Box 727, Harrisburg, Illinois 62946 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 Galatia Mine (I.D. No. 11-02752) located in Saline County, Illinois. The petitioner proposes to operate its Getman Roadbuilders, serial number 6187 and 6547, without front brakes, using instead the factory installed brake system on the four rear wheels. The petitioner asserts that adding brakes to the front wheels of the road grader will result in a diminution of safety to the miners.

9. Cyprus Emerald Resources Corporation

[Docket No. M-1999-070-C]

Cyprus Emerald Resources Corporation, One Oxford Centre, 301 Grant Street, 20th Floor, Pittsburgh, Pennsylvania 15219-1410 has filed a petition to modify the application of 30 CFR 75.503 (permissible electric face equipment; maintenance) to its Emerald No. 1 Mine (I.D. No.36-00952) located in Greene County, Pennsylvania. The petitioner proposes to use trailing cables greater than 500 feet in length for mining equipment taken in by the last open crosscut. The cables would not exceed 1,000 feet in length. The petitioner has listed specific terms and conditions for using its proposed alternative method. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as the mandatory standard.

10. Turris Coal Company

[Docket No. M-1999-071-C]

Turris Coal Company, P.O. Box 21, Elkhart, Illinois 62634 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 Elkhart Mine (I.D. No. 11-02664) located in Logan County, Illinois. The petitioner requests a variance from the mandatory standard to permit an alternate method to installing front brakes on its six wheeled grader. The petitioner proposes to: (i) limit the maximum speed of the grader to less than 10 mph; (ii) provide training for grader operator on lowering the moldboard to provide additional stopping capability in emergencies; (iii) train grader operators on the appropriate speeds to use on different roadway conditions and slopes. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as the mandatory standard.

11. Consolidation Coal Company

[Docket No. M-1999-072-C]

Consolidation Coal Company, Consol Plaza, 1800 Washington Road, Pittsburgh, Pennsylvania 15241-1421 has filed a petition to modify the application of 30 CFR 75.364(b)(1) (weekly examination) to its Loveridge No. 22 Mine (I.D. No. 46-01433) located in Monogalia County, West Virginia. The petitioner requests that paragraph 4 of the Decision and Order (D&O) for its previously granted petition, docket number M- 93-275-C, be amended for the aircourses ventilating the No. 3 North seals and the No. 2\1/2\ North seals to permit weekly examinations of the five monitoring stations instead of daily examinations. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as the mandatory standard.

12. Canyon Fuel Company, LLC

[Docket No. M-1999-073-C]

Canyon Fuel Company, LLC, HC 35, Box 380, Helper, Utah 84526 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 Skyline Mine No. 3 (I.D. No. 42-01566), its Dugout Canyon Mines (I.D. Nos. 42-01888, 42-01889, and 42-01890), and its SUFco Mine (I.D. No. 42-00089) located in Sevier County, Utah. The petitioner requests a variance from the mandatory standard to permit its motor grader equipment to permit the use of motor graders equipped with OEM braking systems. The petitioner states that application of the mandatory standard will 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 the mandatory standard.

Request for Comments

Persons interested in these petitions are encouraged to submit comments via e-mail to "zzMSHA-Comments@dol.gov,'' 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 October 12, 1999. Copies of these petitions are available for inspection at that address.

Dated: August 30, 1999.
Carol J. Jones,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 99-23597 Filed 9-9-99; 8:45 am]
BILLING CODE 4510-43-P


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