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MSHA - Petitions for Modification

[Federal Register: October 13, 1999 (Volume 64, Number 197)]
[Page 55492-55495]
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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. CONSOL of Kentucky, Inc.

[Docket No. M-1999-074-C]

CONSOL of Kentucky, Inc., Consol Plaza, 1800 Washington Road, Pittsburgh, Pennsylvania 15241-1421 has filed a petition to modify the application of 30 CFR 75.1101-8 (water sprinkler systems; arrangement of sprinklers) to its Mousie H4 Mine (I.D. No. 15-18166) located in Knott County, Kentucky. The petitioner proposes to use a single overhead pipe system with \1/2\-inch orifice automatic sprinklers located on 10-foot centers, to cover 50 feet of fire-resistant belt or 150 feet of non-fire resistant belt, with actuation temperatures between 200 and 230 degrees Fahrenheit and with water pressure equal to or greater than 10 psi, and to locate the automatic sprinklers not more than 10 feet apart so that the discharge of water will extend over the belt drive, belt take-up, electrical control, and gear reducing unit. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as the mandatory standard.

2. Independence Coal Company, Inc.

[Docket No. M-1999-075-C]

Independence Coal Company, Inc., HC 78, Box 1800, Madison, West Virginia 25130 has filed a petition to modify the application of 30 CFR 75.1700 (oil and gas wells) to its Cedar Grove Mine No. 1 (I.D. No. 46- 08603)

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located in Boone County, West Virginia. The petitioner proposes to plug and mine through oil and gas wells and to notify the District Manager or designee prior to mining within 300 feet of the well. The petitioner asserts that the proposed alternative method will not result in a diminution of safety to the miners.

3. Consolidation Coal Company

[Docket No. M-1999-076-C]

Consolidation Coal Company, Consol Plaza, 1800 Washington Road, Pittsburgh, Pennsylvania 15241-1421 has filed a petition to modify the application of 30 CFR 75.503 (permissible electric face equipment; maintenance) to its Shoemaker Mine (I.D. No. 46-01436) located in Marshall County, West Virginia. The petitioner proposes to use trailing cables greater than 500 feet in length on face equipment during longwall panel development. The cables would not exceed 1,000 feet in length. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as the mandatory standard.

4. CONSOL of Kentucky, Inc.

[Docket No. M-1999-077-C]

CONSOL of Kentucky, Inc., Consol Plaza, 1800 Washington Road, Pittsburgh, Pennsylvania 15241-1421 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 Mousie H4 Mine (I.D. No. 15-18166) located in Knott County, Kentucky. The petitioner proposes to obtain a low and medium voltage, three-phase, alternating current for use underground from a portable diesel-driven generator and to connect the neutral of the generator's transformer secondary through a suitable resistor to the frame of the diesel generator. The petitioner states that the frame of the diesel generator will not have solid connection to a borehole casing, a metal waterline, or a grounding conductor with a low resistance to earth. The petitioner has listed in this petition specific terms and conditions for implementing 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.

5. Consolidation Coal Company

[Docket No. M-1999-078-C]

Consolidation Coal Company, Consol Plaza, 1800 Washington Road, Pittsburgh, Pennsylvania 15241-1421 has filed a petition to modify the application of 30 CFR 75.503 (permissible electric face equipment; maintenance) to its Dilworth Mine (I.D. No. 36-04281) located in Greene County, Pennsylvania. The petitioner proposes to use trailing cables greater than 500 feet in length on face equipment during longwall panel development. The cables would not exceed 900 feet in length. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as the mandatory standard.

6. Freeman United Coal Mining Company

[Docket No. M-1999-079-C]

Freeman United Coal Mining Company, 1999 Wabash Avenue, Suite 200B, Springfield, Illinois 62704-5364 has filed a petition to modify the application of 30 CFR 75.332(a)(2) (working sections and working places) to its Crown II Mine (I.D. No. 11-02236) located in Macoupin County, Illinois. The petitioner proposes to cut coal simultaneously using a reliable radio communication between two continuous miners on each of the mine's supersections to ensure that the continuous miners are not cutting coal simultaneously. The petitioner states that the continuous miner will not cut roof, ribs, face, or bottom during the cleanup phase when loading out loose coal or rock from the mine floor. The petitioner has listed in this petition specific procedures and conditions for implementing 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.

7. Wayne Processing, Inc.

[Docket No. M-1999-080-C]

Wayne Processing, Inc., PO Box 262, Toler, Kentucky 41569 has filed a petition to modify the application of 30 CFR 75.503 (permissible electric face equipment; maintenance) to its No. 1 Mine (I.D. No. 46- 01329) located in Boone County, West Virginia. The petitioner proposes to use a spring-loaded locking device to secure battery plugs to machine mounted receptacles instead of using padlocks. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as the mandatory standard.

8. Sheep Fork Energy, Inc.

[Docket No. M-1999-081-C]

Sheep Fork Energy, Inc., PO Box 262, Toler, Kentucky 41569 has filed a petition to modify the application of 30 CFR 75.503 (permissible electric face equipment; maintenance) to its No. 6 Mine (I.D. No. 15-17826) located in Pike County, Kentucky. The petitioner proposes to use a spring-loaded locking device to secure battery plugs to machine mounted receptacles instead of using padlocks. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as the mandatory standard.

9. Jim Walter Resources, Inc.

[Docket No. M-1999-082-C]

Jim Walter Resources, Inc., PO Box 133, Brookwood, Alabama 35444 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 No. 4 Mine (I.D. No. 01-01247), its No. 5 Mine (I.D. No. 01-01322) and its No. 7 Mine (I.D. No. 01-01401) all located in Tuscaloosa County, Alabama. The petitioner proposes to use one 480- volt, three-phase, 260 KW/325KVA diesel-powered generator set supplying power to a 250 KVA three-phase transformer and three-phase circuits to move equipment in and out of the mine and to perform minor mining activities in the mine. The petitioner has listed in this petition specific terms and conditions for using the generator system. The petitioner states that proper testing procedures and training will be conducted for all operators prior to using the generator system. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as the mandatory standard.

10. Garrett Mining, Inc.

[Docket No. M-1999-083-C]

Garrett Mining, Inc., PO Box 262, Toler, Kentucky 41569 has filed a petition to modify the application of 30 CFR 75.503 (permissible electric face equipment; maintenance) to its Hazard Mine (I.D. No. 15- 17612), and its No. 2 Mine (I.D. No. 15-08079) both located in Pike County, Kentucky. The petitioner proposes to use a spring-loaded locking device to secure battery plugs to machine mounted receptacles instead of using padlocks. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as the mandatory standard.

11. Hutchinson Salt Company

[Docket No. M-1999-012-M]

Hutchinson Salt Company, 3300 Carey Blvd., Hutchinson, Kansas 67501-

[[Page 55494]]

9604 has filed a petition to modify the application of 30 CFR 49.5 (mine rescue station) to its Hutchinson Salt Company Mine (I.D. No. 14- 00412) located in Reno County, Kansas. The petitioner proposes to: (i) Have mine rescue equipment centrally located at each individual mine for easier inspection, test, and required oxygen training every two months; (ii) have six approved contained oxygen breathing apparatus and other rescue equipment available at each mine site; and (iii) have rescue equipment available for re-entry after an electrical malfunction that causes smoke evacuation or as back-up units for local fire departments during community disasters. The petitioner states that rescue stations located at each mine will lessen the chance of rescue equipment being destroyed by an act of nature or theft. In addition, the petitioner asserts that the proposed alternative method will not reduce the safety of the miners.

12. Lyons Salt Company

[Docket No. M-1999-013-M]

Lyons Salt Company, 1660 Ave. N, P.O. Box 87, Lyons, Kansas 67554 has filed a petition to modify the application of 30 CFR 49.5 (mine rescue station) to its Lyons Salt Company Mine (I.D. No. 14-00413) located in Rice County, Kansas. The petitioner proposes to: (i) Have mine rescue equipment centrally located at each individual mine for easier inspection, test, and required oxygen training every two months; (ii) have six approved contained oxygen breathing apparatus and other rescue equipment available at each mine site; and (iii) have the equipment available for re-entry after an electrical malfunction that causes smoke evacuation or as back-up units for local fire departments during community disasters. The petitioner states that rescue stations located at each mine will lessen the chance of rescue equipment being destroyed by an act of nature or theft. In addition, the petitioner asserts that the proposed alternative method will not reduce the safety of the miners.

13. G-P Gypsum Corporation

[Docket No. M-1999-014-M]

G-P Gypsum Corporation, 2127 Highway 77 North, Blue Rapids, Kansas 66411 has filed a petition to modify the application of 30 CFR 49.5 (mine rescue station) to its Blue Rapids Mine and Mill (I.D. No. 14- 00309) located in Marshall County, Kansas. The petitioner proposes to: (i) Have mine rescue equipment centrally located at each individual mine for easier inspection, test, and required oxygen training every two months; (ii) have six approved contained oxygen breathing apparatus and other rescue equipment available at each mine site; and (iii) have the equipment available for re-entry use after an electrical malfunction that causes smoke evacuation or as back-up units for local fire departments during community disasters. The petitioner states that rescue stations located at each mine will lessen the chance of rescue equipment being destroyed by an act of nature or theft. In addition, the petitioner asserts that the proposed alternative method will not reduce the safety of the miners.

14. Lyons Salt Company

[Docket No. M-1999-015-M]

Lyons Salt Company, 1660 Ave. N, P.O. Box 87, Lyons, Kansas 67554 has filed a petition to modify the application of 30 CFR 49.6(a)(4) (equipment and maintenance requirements) to its Lyons Salt Company Mine (I.D. No. 14-00413) located in Rice County, Kansas. The petitioner requests a modification of the standard relating to equipment for recharging cylinders since suppliers of oxygen with capabilities of pumping the cylinders are within the time limit provided by the extra cylinders required by each unit. The petitioner states that the Kansas Mine Rescue Association members will have a total of twenty-four breathing apparatus at their disposal so immediate turn-around of any single unit is not extremely critical, and that shortly after notification of a mine disaster the district MSHA rescue team will arrive at the mine site with a portable oxygen pump. The petitioner asserts that application of the proposed alternative method will not compromise the safety to the miners.

15. Hutchinson Salt Company

[Docket No. M-1999-016-M]

Hutchinson Salt Company, 3300 Carey Blvd., Hutchinson, Kansas 67501-9604 has filed a petition to modify the application of 30 CFR 49.6(a)(4) (equipment and maintenance requirements) to its Hutchinson Salt Company Mine (I.D. No. 14-00412) located in Reno County, Kansas. The petitioner requests a modification of the standard relating to equipment for recharging cylinders since suppliers of oxygen with capabilities of pumping the cylinders are within the time limit provided by the extra cylinders required by each unit. The petitioner states that the Kansas Mine Rescue Association members will have a total of twenty-four breathing apparatus at their disposal so immediate turn-around of any single unit is not extremely critical, and that shortly after notification of a mine disaster the district MSHA rescue team will arrive at the mine site with a portable oxygen pump. The petitioner asserts that application of the proposed alternative method will not compromise the safety of the miners.

16. G-P Gypsum Corporation

[Docket No. M-1999-017-M]

G-P Gypsum Corporation, 2127 Highway 77 North, Blue Rapids, Kansas 66411 has filed a petition to modify the application of 30 CFR 49.6(a)(4) (equipment and maintenance requirements) to its (I.D. No. 14-00309) located in Marshall County, Kansas. The petitioner requests a modification of the standard relating to equipment for recharging cylinders since suppliers of oxygen with capabilities of pumping the cylinders are within the time limit provided by the extra cylinders required by each unit. The petitioner states that the Kansas Mine Rescue Association members will have a total of twenty-four breathing apparatus at their disposal so immediate turn-around of any single unit is not extremely critical, and that shortly after notification of a mine disaster the district MSHA rescue team will arrive at the mine site with a portable oxygen pump. The petitioner asserts that application of the proposed alternative method will not compromise the safety of the miners.

17. Independent Salt Company

[Docket No. M-1999-018-M]

Independent Salt Company, PO Box 36, Kanopolis, Kansas 67454 has filed a petition to modify the application of 30 CFR 49.5 (mine rescue station) to its Independent Salt Company Mine (I.D. No.14-00411) located in Ellsworth County, Kansas. The petitioner proposes to: (i) Have mine rescue equipment centrally located each individual mine for easier inspection, test, and required oxygen training every two months; (ii) have six approved contained oxygen breathing apparatus and other rescue equipment available at each mine site; and (iii) have the equipment available for re-entry use after an electrical malfunction that causes smoke evacuation or as back-up units for local fire departments during community disasters. The petitioner states that to have rescue stations located at each mine will lessen the chance of rescue equipment being destroyed by an act of nature or theft. In addition, the petitioner asserts that the proposed alternative method will not reduce the safety of the miners.

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18. Independent Salt Company

[Docket No. M-1999-019-M]

Independent Salt Company, PO Box 36, Kanopolis, Kansas 67454 has filed a petition to modify the application of 30 CFR 49.6(a)(4) (equipment and maintenance requirements) to its Independent Salt Company Mine (I.D. No. 14-00411) located in Ellsworth County, Kansas. The petitioner requests a modification of the standard relating to equipment for recharging cylinders since suppliers of oxygen with capabilities of pumping the cylinders are within the time limit provided by the extra cylinders required by each unit. The petitioner states that the Kansas Mine Rescue Association members will have a total of twenty-four breathing apparatus at their disposal so immediate turn-around of any single unit is not extremely critical, and that shortly after notification of a mine disaster the district MSHA rescue team will arrive at the mine site with a portable oxygen pump. The petitioner asserts that application of the proposed alternative method will not compromise the safety of the miners.

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 November 12, 1999. Copies of these petitions are available for inspection at that address.

Dated: October 4, 1999.
Carol J. Jones,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 99-26695 Filed 10-12-99; 8:45 am]
BILLING CODE 4510-43-P

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