Petitions for Modification

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. Tide Creek Rock, Inc.

[Docket No. M-94-07-M]

Tide Creek Rock, Inc., 33625 Tide Creek Road, Deer Island, Oregon

97054 has filed a petition to modify the application of 30 CFR

56.14132(b) (horns and backup alarms) to its Tide Creek Pit (I.D. No.

35-02479) located in Columbia County, Oregon. The petitioner requests

that the standard be modified to allow the Cat 966 loader to be

operated without a reverse-activated alarm and to have the equipment

operator determine the location of other persons in the area before

reversing. The petitioner asserts that the proposed alternate method

would provide at least the same measure of protection as would the

mandatory standard.

2. Tide Creek Rock, Inc.

[Docket No. M-94-08-M]

Tide Creek Rock, Inc., 33625 Tide Creek Road, Deer Island, Oregon

97054 has filed a petition to modify the application of 30 CFR 56.4104

(combustible waste) to its Tide Creek Pit (I.D. No. 35-02479) located

in Columbia County, Oregon. The petitioner requests that the standard

be modified to apply only to accumulations of more than 3 or 4 inches

of oil. The petitioner states that 2 to 3 inches of waste oil in a

container placed under the oil tank to collect spills is not a fire

hazard, and that no smoke or flames are used in the building. The

petitioner asserts that the proposed alternate method would provide at

least the same measure of protection as would the mandatory standard.

3. Tide Creek Rock, Inc.

[Docket No. M-94-09-M]

Tide Creek Rock, Inc., 33625 Tide Creek Road, Deer Island, Oregon

97054 has filed a petition to modify the application of 30 CFR

56.14107(a) (moving machine parts) to its Tide Creek Pit (I.D. No. 35-

02479) located in Columbia County, Oregon. The petitioner requests that

the standard be modified to allow a chain fence 7 feet from the area in

place of guards on the back side of the V-belt pulleys. The petitioner

asserts that the proposed alternative method would provide at least the

same measure of protection as would the mandatory standard.

4. Tide Creek Rock, Inc.

[Docket No. M-94-10-M]

Tide Creek Rock, Inc., 33625 Tide Creek Road, Deer Island, Oregon

97054 has filed a petition to modify the application of 30 CFR 56.12025

(grounding circuit enclosures) to its Tide Creek Pit (I.D. No. 35-

02479) located in Columbia County, Oregon. The petitioner requests that

the standard be modified to require that grounding need occur only when

a motor is actually energized. The petitioner asserts that the proposed

alternate method would provide at least the same measure of protection

as would the mandatory standard.

5. Tide Creek Rock, Inc.

[Docket No. M-94-11-M]

Tide Creek Rock, Inc., 33625 Tide Creek Road, Deer Island, Oregon

97054 has filed a petition to modify the application of 30 CFR 56.3131

(pit and quarry wall perimeter) to its Tide Creek Pit (I.D. No. 35-

02479) located in Columbia County, Oregon. The petitioner requests that

the standard not apply because the trees at the edge of the pit do not

create a fall-of-material hazard. The petitioner states that

application of the standard would result in a diminution of safety to

the miners as the trees provides ground stability.

6. Tide Creek Rock, Inc.

[Docket No. M-94-12-M]

Tide Creek Rock, Inc., 33625 Tide Creek Road, Deer Island, Oregon

97054 has filed a petition to modify the application of 30 CFR 56.9300

(berms and guardrails) to its Tide Creek Pit (I.D. No. 35-02479)

located in Columbia County, Oregon. The petitioner request that the

standard be modified to not require berms or guardrails at this

operation. The petitioner states that application of the standard would

result in a diminution of safety to the miners as the roadway is wide,

not steep, and seldom used.

7. Tide Creek Rock, Inc.

[Docket No. M-94-13-C]

Tide Creek Rock, Inc., 33625 Tide Creek Road, Deer Island, Oregon

97054 has filed a petition to modify the application of 30 CFR 56.4201

(inspection) to its Tide Creek Pit (I.D. No. 35-02479) located in

Columbia County, Oregon. The petitioner requests that the standard be

modified to not require fire extinguishers at this operation. The

petitioner states that no smoking or flames are allowed near any

building; that the place is above ground, wide-open, and mostly rock or

steel; and that no one would be endangered should a fire occur. The

petitioner asserts that the proposed alternate method would provide at

least the same measure of protection as would the mandatory standard.

8. Tide Creek Rock, Inc.

[Docket No. M-94-14-M]

Tide Creek Rock, Inc., 33625 Tide Creek Road, Deer Island, Oregon

97054 has filed a petition to modify the application of 30 CFR 56.11002

(handrails and toeboards) to its Tide Creek Pit (I.D. No. 35-02479)

located in Columbia County, Oregon. The petitioner requests that the

standard be modified to require only one handrail on the steps along

the bunker silo. The petitioner states that installing handrails on

both sides makes it more dangerous as it is more likely that the

employee will run himself into the handrail. The petitioner asserts

that the proposed alternate method would provide at least the same

measure of protection as would the mandatory standard.

9. Tide Creek Rock, Inc.

[Docket No. M-94-15-M]

Tide Creek Rock, Inc., 33625 Tide Creek Road, Deer Island, Oregon

97054 has filed a petition to modify the application of 30 CFR 56.11002

(handrails and toeboards) to its Tide Creek Pit (I.D. No. 35-02479)

located in Columbia County, Oregon. The petitioner requests that the

standard be modified to require only one handrail on the operator's

control tower. The petitioner states that the operator's controls block

the likelihood of going into the machinery and that installing

handrails between the operator's controls and the conveyor is more

dangerous. The petitioner asserts that the proposed alternate method

would provide at least the same measure of protection as would the

mandatory standard.

10. Tide Creek Rock, Inc.

[Docket No. M-94-16-M]

Tide Creek Rock, Inc., 33625 Tide Creek Road, Deer Island, Oregon

97054 has filed a petition to modify the application of 30 CFR 56.12021

(danger signs) to its Tide Creek Pit (I.D. No. 35-02479) located in

Columbia County, Oregon. The petitioner requests that the standard be

modified to apply only to the electric shed and to specify that locking

the electric shed is sufficient compliance with the standard. The

petitioner asserts that the proposed alternate method would provide at

least the same measure of protection as would the mandatory standard.

11. Tide Creek Rock, Inc.

[Docket No. M-94-17-M]

Tide Creek Rock, Inc., 33625 Tide Creek Road, Deer Island, Oregon

97054 has filed a petition to modify the application of 30 CFR 56.4101

(warning signs) to its Tide Creek Pit (I.D. No. 35-02479) located in

Columbia County, Oregon. The petitioner requests that the standard be

modified to eliminate the requirement for ``No Smoking'' signs at the

oil storage building and that the standard not apply to this operation.

The petitioner states that a fire hazard does not exist as no one at

the mine smokes and visitors do not come near the oil storage building.

12. FMC Wyoming Corporation

[Docket No. M-94-21-M]

FMC Wyoming Corporation, P.O. Box 873, Green River, Wyoming 82935

has filed a petition to modify the application of 30 CFR 57.22305

(approved equipment III mines) to its Trona Mine (I.D. No. 48-00152)

located in Sweetwater County, Wyoming. The petitioner requests that the

standard be modified to eliminate the use of permissible equipment

outby the last open crosscut (i.e., outby the longwall face crosscut).

The petitioner proposes to conduct additional methane checks, provide

additional training to miners, and increase ventilation. The petitioner

states that application of the standard would result in a diminution of

safety to the miners. In addition, the petitioner asserts that the

proposed alternate method would provide at least the same measure of

protection as would the mandatory standard.

13. Tide Creek Rock, Inc.

[Docket No. M-94-22-M]

Tide Creek Rock, Inc., 33625 Tide Creek Road, Deer Island, Oregon

97054 has filed a petition to modify the application of 30 CFR 56.11002

(handrails and toeboards) to its Tide Creek Pit (I.D. No. 35-02479)

located in Columbia County, Oregon. The petitioner requests that the

standard be modified to not require handrails on a wooden plank used

occasionally to grease a bearing. The petitioner states that no

machinery is running when greasing is done; that the primary purpose

for using the plank is to keep the employee from getting in the mud;

that the plank is only a few feet off the ground; and that the plank is

left in place when not in use. The petitioner asserts that the proposed

alternate method would provide at least the same measure of protection

as would the mandatory standard.

14. Tide Creek Rock, Inc.

[Docket No. M-94-23-M]

Tide Creek Rock, Inc., 33625 Tide Creek Road, Deer Island, Oregon

97054 has filed a petition to modify the application of 30 CFR 56.11002

(handrails and toeboards) to its Tide Creek Pit (I.D. No. 35-02479)

located in Columbia County, Oregon. The petitioner requests that the

standard be modified to not require handrails on a plank that is used

occasionally in order to use a pump to grease a bearing. The petitioner

states that the plank is a temporary method of getting to the grease

spots without getting muddy and that the plank is only a few feet off

the ground. The petitioner asserts that the proposed alternate method

would provide at least the same measure of protection as would the

mandatory standard.

15. Tide Creek Rock, Inc.

[Docket No. M-94-24-M]

Tide Creek Rock, Inc., 33625 Tide Creek Road, Deer Island, Oregon

97054 has filed a petition to modify the application of 30 CFR 56.20003

(housekeeping) to its Tide Creek Pit (I.D. No. 35-02479) located in

Columbia County, Oregon. The petitioner requests that the standard be

modified to allow a condition of messiness if the floor is not filthy

(clean and dry and undamaged (without protruding nails, splinters,

holes, or loose boards). The petitioner states that employees use this

shop only infrequently to get tools, to make small repairs, or to use

the phone. The petitioner asserts that the proposed alternate method

would provide at least the same measure of protection as would the

mandatory standard.

16. Tide Creek Rock, Inc.

[Docket No. M-94-25-M]

Tide Creek Rock, Inc., 33625 Tide Creek Road, Deer Island, Oregon

97054 has filed a petition to modify the application of 30 CFR

56.14107(a) (moving machine parts) to its Tide Creek Pit (I.D. No. 35-

02479) located in Columbia County, Oregon. The petitioner requests that

the standard be modified to allow the area of the V-belt drive to not

have a guard as it is 12 feet from any working surface and inaccessible

except for a ladder used to access the area only when the drive is not

operating. The petitioner asserts that the proposed alternate method

would provide at least the same measure of protection as would the

mandatory standard.

17. Tide Creek Rock, Inc.

[Docket No. M-94-26-M]

Tide Creek Rock, Inc., 33625 Tide Creek Road, Deer Island, Oregon

97054 has filed a petition to modify the application of 30 CFR

56.14107(a) (moving machine parts) to its Tide Creek Pit (I.D. No. 35-

02479) located in Columbia County, Oregon. The petitioner requests that

the standard be modified to allow a chain fence 7 feet from the area in

place of guards on the back side of the V-belt pulleys for the EL-JAY

gyro. The petitioner asserts that the proposed alternate method would

provide at least the same measure of protection as would the mandatory

standard.

18. Tide Creek Rock, Inc.

[Docket No. M-94-27-M]

Tide Creek Rock, Inc., 33625 Tide Creek Road, Deer Island, Oregon

97054 has filed a petition to modify the application of 30 CFR

56.14107(a) (moving machine parts) to its Tide Creek Pit (I.D. No. 35-

02479) located in Columbia County, Oregon. The petitioner requests that

the standard be modified to allow a chain fence 7 feet from the area in

place of guards on the tail pulley of the conveyor. The petitioner

asserts that the proposed alternate method would provide at least the

same measure of protection as would the mandatory standard.

19. Peabody Coal Company

[Docket No. M-94-42-C]

Peabody Coal Company, P.O. Box 1233, Charleston, West Virginia

25324 has filed a petition to modify the application of 30 CFR 75.503

(permissible electric face equipment; maintenance) to its Big Mountain

No. 16 Mine (I.D. No. 46-07908) located in Boone County, West Virginia.

The petitioner proposes to replace a padlock on battery plug connectors

on mobile battery-powered machines with a threaded ring and a spring

loaded device to prevent the plug connector from accidently disengaging

while under load; and to instruct all persons during safety meetings on

the requirements for operating or maintaining battery-powered machines.

The petitioner states that application of the standard would result in

a diminution of safety to the miners. In addition, the petitioner

asserts that the proposed alternate method would provide at least the

same measure of protection as would the mandatory standard.

Request for Comments

Persons interested in these petitions may furnish written comments.

These comments must be filed with the Office of Standards, Regulations

and Variances, Mine Safety and Health Administration, room 627, 4015

Wilson Boulevard, Arlington, Virginia 22203. All comments must be

postmarked or received in that office on or before may 26, 1994. Copies

of these petitions are available for inspection at that address.

Dated: April 19, 1994.

Patricia W. Silvey,

Director, Office of Standards, Regulations and Variances.

[FR Doc. 94-10026 Filed 4-25-94; 8:45 am]

BILLING CODE 4510-23-P