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MSHA - Petitions for Modification

[Federal Register: January 12, 2000 (Volume 65, Number 8)]
[Notices]
[Page 1913-1915]

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. Monterey Coal Company

[Docket No. M-1999-135-C]

Monterey Coal Company, 14300 Brushy Mound Road Carlinville, Illinois 62626 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 No. 1 Mine (I.D. No. 11-00726) located in Macoupin County, Illinois. The petitioner relief from the requirement to add brakes on each wheel of its Petitto Mule Model 2066,

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Serial Number 955106. The petitioner states that additional brakes will result in safety risks due to additional maintenance that will be required. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as the mandatory standard or will not result in a diminution of safety.

2. Twentymile Coal Company

[Docket No. M-1999-136-C]

Twentymile Coal Company, One Oxford Centre, 301 Grant Street, 20th Floor, Pittsburgh, Pennsylvania 15219-1410 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 Foidel Creek Mine (I.D. 05-03836) located in Routt County, Colorado. The petitioner requests a modification of the mandatory safety standard to permit an alternative method of compliance for service brakes on diesel-powered graders. The petitioner proposes to equip the diesel graders with devices to limit the speed for operating the graders to 10 miles per hour, and train each miner who operates the grader on the proper techniques for lowering the blade in order to restrict the speed and stop the grader. The petitioner states that application of the 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.

3. Plateau Mining Company

[Docket No. M-1999-137-C]

Plateau Mining Company, One Oxford Centre, 301 Grant Street, 20th Floor, Pittsburgh, Pennsylvania 15219-1410 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 Willow Creek Mine (I.D. No. 42-02113) located in Carbon County, Utah. The petitioner requests a modification of the mandatory safety standard to permit an alternative method of compliance for service brakes on diesel-powered graders. The petitioner proposes to equip the diesel graders with devices to limit the speed for operating the graders to 10 miles per hour, and train each miner who operate the grader on the proper techniques for lowering the blade in order to restrict the speed and stop the grader. The petitioner states that application of the 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.

4. Plateau Mining Company

[Docket No. M-1999-138-C]

Plateau Mining Company, One Oxford Centre, 301 Grant Street, 20th Floor, Pittsburgh, Pennsylvania 15219-1410 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 Willow Creek Mine (I.D. No. 42-02113) located in Carbon County, Utah. The petitioner requests a modification of the mandatory safety standard to permit an alternative method of compliance with the engine approval requirements for a diesel generator. The petitioner proposes to equip the diesel generator with a DST Management SystemTMexhaust conditioner and use a ventilation rate of 8,200 cfm. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as the mandatory standard.

5. RAG Shoshone Coal Corporation

[Docket No. M-1999-139-C]

RAG Shoshone Coal Corporation, One Oxford Centre, 301 Grant Street, 20th Floor, Pittsburgh, Pennsylvania 15219-1410 has filed a petition to modify the application of 30 CFR 75.1909(b)(6) (nonpermissible diesel- powered equipment; design and performance requirements) to its Shoshone No. 1 Mine (I.D. No. 48-01186) located in Carbon County, Wyoming. The petitioner requests a modification of the mandatory safety standard to permit an alternative method of compliance for service brakes on diesel-powered graders. The petitioner proposes to equip the diesel graders with devices to limit the speed for operating the graders to 10 miles per hour, and train each miner who operates the grader on the proper techniques for lowering the blade in order to restrict the speed and stop the grader. The petitioner states that application of the 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.

6. Twentymile Coal Company

[Docket No. M-1999-140-C]

Twentymile Coal Company, One Oxford Centre, 301 Grant Street, 20th Floor, Pittsburgh, Pennsylvania 15219-1410 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 Foidel Creek Mine (I.D. No. 05-03836) located in Routt County, Colorado . The petitioner requests a modification of the mandatory safety standard to permit an alternative method of compliance with the engine approval requirements for a diesel generator. The petitioner proposes to equip the diesel generator with a DST Management SystemTM exhaust conditioner and use a ventilation rate of 8,200 cfm. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as the mandatory standard.

7. Lodestar Energy, Inc.

[Docket No. M-1999-141-C]

Lodestar Energy, Inc., P.O. Box 38, Providence, Kentucky 42450 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 Baker Mine (I.D. No. 15-14492) located in Webster County, Kentucky. The petitioner requests a modification of the mandatory safety standard to permit an alternative method of compliance for service brakes on diesel-powered graders. The petitioner proposes to equip the diesel graders with devices to limit the speed for operating the graders to 10 miles per hour, and train each miner who operate the grader on the proper techniques for lowering the blade in order to restrict the speed and stop the grader. The petitioner states that application of the 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.

8. Twentymile Coal Company

[Docket No. M-1999-142-C]

Twentymile Coal Company, One Oxford Centre, 301 Grant Street, 20th Floor, Pittsburgh, Pennsylvania 15219-1410 has filed a petition to modify the application of 30 CFR 75.1908(a)(5) (nonpermissible diesel- powered equipment; categories) to its Foidel Creek Mine (I.D. No. 05- 03836) located in Routt County, Colorado. The petitioner requests a modification of the mandatory safety standard to permit the use of pickup trucks to tow diesel fuel transportation units. The petitioner proposes to only use diesel-powered pickup trucks to tow diesel fuel transportation units if the rated capacity of the truck exceeds the load by a

[[Page 1915]]

fraction of 50 percent, and equip the diesel fuel transformation units with automatic fire suppression devices when towed by the pickup truck. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as the mandatory standard.

9. Original Sixteen to One Mine, Inc.

[Docket No. M-1999-020-M]

Original Sixteen to One Mine, Inc., P.O. Box 1621, Alleghany, California 95910 has filed a petition to modify the application of 30 CFR 57.6132(a)(6) (magazine requirements) to its Sixteen to One Mine (I.D. No. 04-01299) located in Sierra County, California. The petitioner requests exemption from the mandatory safety standard on the basis that compliance with standard will result in a diminution of safety to the miners. The petitioner states that the existence of signs poses a greater threat to the health and safety and miners, authorized non-employees and the general public by calling attention to the area.

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 of 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 February 11, 2000. Copies of these petitions are available for inspection at that address.

Dated: January 4, 2000.
Carol J. Jones,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 00-707 Filed 1-11-00; 8:45 am]
BILLING CODE 4510-43-U
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