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MSHA - Petitions for Modification

April 6, 1999 (Volume 64, Number 65)
Page 16759-16761

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. International Uranium (USA) Corporation

[Docket No. M-98-08-M]

International Uranium (USA) Corporation, HC 64, Box 153, 2555 No. Hwy 89A, Fredonia, Arizona 86022 has filed a petition to modify the application of 30 CFR 57.14130(a)(4)(roll-over protective structures (ROPS) and seat belts for surface equipment) to its Sunday Mine Complex (I.D. No. 05-01197) located in Dolores County, Colorado. The petitioner proposes to implement traffic controls instead of providing Elmac trucks with seatbelts and rollover protection for use during limited time on the surface. The petitioner proposes to: (i) restrict the speed of the Elmac trucks while traveling the short distance on the surface to five miles per hour; (ii) mark the surface area where the trucks travel as a ``No Travel Zone'' for unauthorized surface mining equipment; and (iii) require truck operators, upon exiting the portal, to conduct a ``rolling stop'' and prior to proceeding visibly survey the travel route. The petitioner asserts that by implementing these steps, all potential for a collision or rollover type accident would be eliminated while the Elmac truck is on the surface and, because seatbelts and rollover protection are only designed to mitigate injuries in the event of a rollover or collision accident, the traffic controls would provide a greater measure of protection by eliminating the possibility of a rollover or collision accident.

2. International Uranium (USA) Corporation

[Docket No. M-98-09-M]

International Uranium (USA) Corporation, HC 64, Box 153, 2555 No. Hwy 89A, Fredonia, Arizona 86022 has filed a petition to modify the application of 30 CFR 57.14130(a)(6) (roll-over protective structures (ROPS) and seat belts for surface equipment) to its Sunday Mine Complex (I.D. No. 05-01197) located in Dolores County, Colorado. The petitioner proposes to implement traffic controls instead of providing its Massey- Ferguson tractor with seatbelts and rollover protection for use during limited travel on the surface. The petitioner proposes to: (i) restrict the surface speed of its Massey-Ferguson tractor to five miles per hour; and (ii) restrict the travel of its tractor to designated routes, over maintained roadways, to the maintenance shop and parking area. The petitioner asserts that by implementing these steps, all potential for a collision or rollover-type accident would be eliminated while the Massey-Ferguson tractor is on the surface. In addition, the petitioner asserts that because rollover protection is only designed to mitigate injuries in the event of a rollover accident, the traffic controls would provide a greater measure of protection by eliminating the possibility of a collision or rollover accident.

3. International Uranium (USA) Corporation

[Docket No. M-98-10-M]

International Uranium (USA) Corporation, HC 64, Box 153, 2555 No. Hwy 89A, Fredonia, Arizona 86022 has filed a petition to modify the application of 30 CFR 57.14132(b) (horns and backup alarms for surface equipment) to its Sunday Mine Complex (I.D. No. 05-01197) located in Dolores County, Colorado. The petitioner proposes to implement area restrictions instead of providing Elmac underground-type haulage trucks with back-up alarms. The petitioner proposes to: (i) implement personnel and equipment restrictions in the ramping areas during the one occasion where the trucks move in a limited backward direction on the surface; (ii) prohibit unauthorized personnel and equipment from the stockpile ramping areas; and (iii) implement restrictions through training, including applicable revisions to the training plan and through signs clearly indicating that the ramping areas are ``No Entry'' zones. The petitioner asserts that by implementing these steps, all potential for a collision-type accident would be eliminated while the Elmac truck is backing-up the stockpile ramps. In addition, the petitioner asserts that because back-up alarms would be used to warn persons to evacuate the area where the equipment is backing up, the area restrictions, which would keep people out of the area would provide a greater measure of protection.

4. Moberly Stone Company

[Docket No. M-1999-001-M]

Moberly Stone Company, P.O. Box 582, Moberly, Missouri 65270-0582 has filed a petition to modify the application of 30 CFR 57.14100(b) (safety defects; examination, correction and records) to its Moberly Stone Company Underground Mine (I.D. No. 23-02105), and Open Pit Mine (I.D. No. 23-01785) both located in Randolph County, Missouri. The petitioner requests a modification of the mandatory safety standard to permit operation of its pit trucks without a tachometer or a speedometer. The petitioner asserts that using a tachometer or a speedometer would not contribute to any safety factor for the pit trucks since the nature of the rock deposit would only allow the pit trucks to travel at a top average speed of 10 miles an hour.

[[Page 16760]]

5. Canyon Fuel Company, LLC

[Docket No. M-1999-006-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(a)(1) (nonpermissible diesel-powered equipment; design and performance requirements) to its Skyline Mine No. 3 (I.D. No. 42-01566) located in Carbon County, Utah. The petitioner requests a modification of the mandatory safety standard to permit the use of non-permissible, light duty equipment that is equipped with an over the road type diesel engine which has been or is currently being offered in commercially available highway type vehicles instead of using equipment that is equipped with an MSHA approved engine. The petitioner asserts that application of the mandatory safety 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.

6. Energy Fuels Coal, Inc.

[Docket No. M-1999-007-C]

Energy Fuels Coal, Inc., P.O. Box 459, Florence, Colorado 81226 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 South Field Mine (I.D. No. O5-03455) located in Fremont County, Colorado. The petitioner proposes to use a 135 kw/169 kva, 480 volt diesel powered generator set to move equipment in and out of the mine and to operate a roof bolter for roof rehabilitation in remote areas of the mine. The genset is 480 vac three phase and is mounted and grounded to a metal sled with an area of 60 square feet that is in contact with the damp mine floor at all times. Energy Fuels feels that this application is a good ground in that the genset sled has a low resistance to earth. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as would the mandatory standard.

7. CONSOL of Kentucky, Inc.

[Docket No. M-1999-008-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 Big Springs E1 Mine (I.D. No. 15-18115) located in Knott County, Kentucky. The petitioner requests a modification of the mandatory safety standard to permit the use of a single line of automatic secondary belt conveyors. The petitioner proposes to: (i) use a single overhead pipe system with 1/2-inch orifice automatic sprinklers located on 10-foot centers rather than every 8 feet, 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; (ii) have the automatic sprinklers located 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; and (iii) conduct a test to insure proper operation during the installation of each new system and during any subsequent repair or replacement of any critical part. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as would the mandatory standard.

8. KenAmerican Resources, Inc.

Docket No. M-1999-009-C]

KenAmerican Resources, Inc., 7590 Highway 181, Central City, Kentucky 42330 has filed a petition to modify the application of 30 CFR 75.503 (permissible electric face equipment; maintenance) to its Paradise #9 Mine (I.D. No. 15-17741) located in Muhlenberg County, Kentucky. The petitioner proposes to use a spring-loaded device with specific fastening characteristics instead of padlocks to secure plugs and electrical type connectors to batteries and to the permissible mobile powered equipment the batteries serve. The petitioner asserts that the spring-loaded device would prevent accidental separation of the battery plugs from their receptacles during normal operation of the battery equipment. In addition, the petitioner asserts that the proposed alternative method would provide at least the same measure of protection as would the mandatory standard, and would not result in a diminution of safety to the miners.

9. D & D Coal Company

[Docket No. M-1999-010-C]

D & D Coal Company, 139 E. Independence Street, Shamokin, Pennsylvania 17872 has filed a petition to modify the application of 30 CFR 75.1200(d) & (i) (mine map) to its 7' Drift (I.D. No. 36-08092) 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 due to the steep pitch encountered in mining anthracite coal veins, contours provide no useful information and their presence would make portions of the mine illegible. The petitioner further asserts that use of cross-sections in lieu of contour lines has been practiced since the late 1800's thereby providing critical information relative to the spacing between veins and proximity to other mine workings which fluctuate considerably. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as would the mandatory standard.

10. D & D Coal Company

Docket No. M-1999-011-C]

D & D Coal Company, 139 E. Independence Street, Shamokin, Pennsylvania 17872 has filed a petition to modify the application of 30 CFR 75.1202 and 75.1202-1(a) (temporary notations, revisions, and supplements) to its 7' Drift (I.D. No. 36-08092) 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 low production and slow rate of advance in anthracite mining make surveying on 6 month intervals impractical. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as would the mandatory standard.

11. Canyon Fuel Company, LLC

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

Canyon Fuel Company, LLC, 397 South 800 West, Salina, Utah 84654 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 SUFCO Mine (I.D. No. 42-00089) located in Sevier County, Utah. The petitioner proposes to use high-voltage (2,400 volts) cables on continuous miner sections. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as would the mandatory standard.

[[Page 16761]]

12. Consolidation Coal Company

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

Consolidation Coal Company, Consol Plaza, 1800 Washington Road, Pittsburgh, Pennsylvania 15241-1421 has filed a petition to modify the application of 30 CFR 75.1002 (location of trolley wires, trolley feeder wires, high-voltage cables and transformers) to its Rend Lake Mine (I.D. No. 11-00601) located in Jefferson County, Illinois. The petitioner proposes to use high-voltage (4,160 volt) cables to supply power to its longwall mining system in by the last open crosscut. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as would the mandatory standard.

13. The Ohio Valley Coal Company

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

The Ohio Valley Coal Company, 56854 Pleasant Ridge Road, Alledonia, Ohio 43902 has filed a petition to modify the application of 30 CFR 75.804(a) (underground high-voltage cables) to its Powhatan No. 6 Mine (I.D. No. 33-01159) located in Belmont County, Ohio. The petitioner proposes to use a high-voltage cable with an internal ground check conductor smaller than No. 10 (A.W.G.) as part of its longwall mining system. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as would the mandatory standard.

14. Perry County Coal Corporation

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

Perry County Coal Corporation, P.O. Box 5001, Hazard, Kentucky 41702 has filed a petition to modify the application of 30 CFR 75.388(a)(3) (boreholes in advance of mining) to its EAS #1 Mine (I.D. No. 15-02085) located in Perry County, Kentucky. The petitioner proposes to establish a 100 foot barrier line instead of a 200 foot barrier around two adjacent mines located in the same seam as the EAS #1 Mine. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as would 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 May 6, 1999. Copies of these petitions are available for inspection at that address.

Dated: March 26, 1999.
Carol J. Jones,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 99-8369 Filed 4-5-99; 8:45 am]
BILLING CODE 4510-43-P


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