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. Chestnut Coal Company

[Docket No. M-94-72-C]

Chestnut Coal Company, R.D. #3, Box 142, Sunbury, Pennsylvania

17801 has filed a petition to modify the application of 30 CFR 75.360

(preshift examination) to its No. 10 Slope (I.D. No. 36-07059) located

in Northumberland County, Pennsylvania. The petitioner proposes to

examine each seal for physical damage from the slope gunboat during the

preshift examination after an air quantity reading is taken in by the

intake portal and to test for the quantity and quality of air at the

intake air split locations off the slope in the gangway portion of the

working section. The petitioner proposes to physically examine the

entire length of the slope once a month. The petitioner asserts that

the proposed alternate method would provide at least the same measure

of protection as would the mandatory standard.

2. Chestnut Coal Company

[Docket No. M-94-73-C]

Chestnut Coal Company, R.D. #3, Box 142, Sunbury, Pennsylvania

17801 has filed a petition to modify the application of 30 CFR 75.335

(construction of seals) to its No. 10 Slope (I.D. No. 36-07059) located

in Northumberland County, Pennsylvania. The petitioner requests a

modification of the standard to permit alternative methods of seal

construction using wooden materials of moderate size and weight due to

the difficulty in accessing previously driven headings and breasts

containing inaccessible abandoned workings; to accept a design

criterion in the 10 psi range; and to permit the water trap to be

installed in the gangway seal and sampling tube in the monkey seal for

seals installed in pairs. The petitioner asserts that the proposed

alternate method would provide at least the same measure of protection

as would the mandatory standard.

3. Chestnut Coal Company

[Docket No. M-94-74-C]

Chestnut Coal Company, R.D. #3, Box 142, Sunbury, Pennsylvania

17801 has filed a petition to modify the application of 30 CFR

75.364(b)(1), (4), and (5) (weekly examination) to its No. 10 Slope

(I.D. No. 36-07059) located in Northumberland County, Pennsylvania. Due

to hazardous conditions and roof falls, certain areas of the intake

haulage slope and primary escapeway cannot be traveled safely. The

petitioner proposes to examine these areas from the gunboat/slope car

with an alternative air quality evaluation at the section's intake

level, and to travel and thoroughly examine these areas for hazardous

conditions once a month. The petitioner asserts that the proposed

alternate method would provide at least the same measure of protection

as would the mandatory standard.

4. Chestnut Coal Company

[Docket No. M-94-75-C]

Chestnut Coal Company, R.D. #3, Box 142, Sunbury, Pennsylvania

17801 has filed a petition to modify the application of 30 CFR 75.1100-

2(a)(2) (quantity and location of firefighting equipment) to its No. 10

Slope (I.D. No. 36-07059) located in Northumberland County,

Pennsylvania. The petitioner proposes to use only portable fire

extinguishers to replace existing requirements where rock dust, water

cars, and other water storage are not practical. The petitioner asserts

that the proposed alternative method would provide at least the same

measure of protection as would the mandatory standard.

5. Chestnut Coal Company

[Docket No. M-94-76-C]

Chestnut Coal Company, R.D. #3, Box 142, Sunbury, Pennsylvania

17801 has filed a petition to modify the application of 30 CFR 75.1202-

1(a) (temporary notations, revisions, and supplements) to its No. 10

Slope (I.D. No. 36-07059) located in Northumberland County,

Pennsylvania. The petitioner proposes to revise and supplement mine

maps on an annual basis instead of the required 6 month interval and to

update maps daily by hand notations. The petitioner asserts that the

proposed alternative method would provide at least the same measure of

protection as would the mandatory standard.

6. Costain Coal Inc.

[Docket No. M-94-77-C]

Costain Coal Inc., P.O. Box 289, Sturgis, Kentucky 42459-0289 has

filed a petition to modify the application of 30 CFR 75.380(f)(2)

(escapeways; bituminous and lignite mines) to its Wheatcroft Mine (I.D.

No. 15-13920); its Baker Mine (I.D. No. 15-14492); and its Smith

Underground No. 1 Mine (I.D. No. 15-16020) all located in Webster

County, Kentucky. The petitioner requests to be excluded from the

requirement that equipment used to transport persons in the primary

escapeway be equipped with a multi-purpose dry powder fire suppression

system, as it may apply to electric, nonpermissible golf carts. The

petitioner states that the golf cart operators are experienced

supervisory or maintenance personnel; that the golf carts are equipped

with a 10-pound, dry chemical fire extinguisher; that the golf carts

have virtually no flammable materials incorporated in their structure;

and that a golf cart fire would have minimal effect on the mine

environment because of the nominal size of the golf cart and the

relatively large size of the entries being traveled. The petitioner

asserts that the proposed alternative method would provide at least the

same measure of protection as would the mandatory standard.

7. K & S Coal Company

[Docket No. M-94-78-C]

K & S Coal Company, R.D. #2, Box 145, Hegins, Pennsylvania 17938

has filed a petition to modify the application of 30 CFR 75.335

(construction of seals) to its First Chance Slope (I.D. No. 36-07629)

located in Schuylkill County, Pennsylvania. The petitioner requests a

modification of the standard to permit alternative methods of seal

construction using wooden materials of moderate size and weight due to

the difficulty in accessing previously driven headings and breasts

containing inaccessible abandoned workings; to accept a design

criterion in the 10 psi range; and to permit the water trap to be

installed in the gangway seal and sampling tube in the monkey seal for

seals installed in pairs. The petitioner asserts that the proposed

alternate method would provide at least the same measure of protection

as would the mandatory standard.

8. K & S Coal Company

[Docket No. M-94-79-C]

K & S Coal Company, R.D. #2, Box 145, Hegins, Pennsylvania 17938

has filed a petition to modify the application of 30 CFR 75.340

(underground electrical installations) to its First Chance Slope (I.D.

No. 36-07629) located in Schuylkill County, Pennsylvania. As an

alternative to removing the batteries and transporting them in the

gunboat to the surface for charging, the petitioner proposes to charge

batteries on the mine's locomotive when all miners are out of the mine

and to have the intake air which is used to ventilate the charging

station continue through its normal route to the last open crosscut and

into the monkey airway (return). The petitioner asserts that the

proposed alternate method would provide at least the same measure of

protection as would the mandatory standard.

9. K & S Coal Company

[Docket No. M-94-80-C]

K & S Coal Company, R.D. #2, Box 145, Hegins, Pennsylvania 17938

has filed a petition to modify the application of 30 CFR 75.360

(preshift examination) to its First Chance Slope (I.D. No. 36-07629)

located in Schuylkill County, Pennsylvania. The petitioner proposes to

examine each seal for physical damage from the slope gunboat during the

preshift examination after an air quantity reading is taken in by the

intake portal and to test for the quantity and quality of air at the

intake air split locations off the slope in the gangway portion of the

working section. The petitioner proposes to physically examine the

entire length of the slope once a month. The petitioner asserts that

the proposed alternate method would provide at least the same measure

of protection as would the mandatory standard.

10. K & S Coal Company

[Docket No. M-94-81-C]

K & S Coal Company, R.D. #2, Box 145, Hegins, Pennsylvania 17938

has filed a petition to modify the application of 30 CFR 75.364(b) (1),

(4), and (5) (weekly examination) to its First Chance Slope (I.D. No.

36-07629) located in Schuylkill County, Pennsylvania. Due to hazardous

conditions and roof falls, certain areas of the intake haulage slope

and primary escapeway cannot be traveled safely. The petitioner

proposes to examine these areas from the gunboat/slope car with an

alternative air quality evaluation at the section's intake level, and

to travel and thoroughly examine these areas for hazardous conditions

once a month. The petitioner asserts that the proposed alternate method

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

mandatory standard.

11. K & S Coal Company

[Docket No. M-94-82-C]

K & S Coal Company, R.D. #2, Box 145, Hegins, Pennsylvania 17938

has filed a petition to modify the application of 30 CFR 75.1100-

2(a)(2) (quantity and location of firefighting equipment) to its First

Chance Slope (I.D. No. 36-07629) located in Schuylkill County,

Pennsylvania. The petitioner proposes to use only portable fire

extinguishers to replace existing requirements where rock dust, water

cars, and other water storage are not practical. The petitioner asserts

that the proposed alternate method would provide at least the same

measure of protection as would the mandatory standard.

12. K & S Coal Company

[Docket No. M-94-83-C]

K & S Coal Company, R.D. #2, Box 145, Hegins, Pennsylvania 17938

has filed a petition to modify the application of 30 CFR 75.1200(i)

(mine map) to its First Chance Slope (I.D. No. 36-07629) located in

Schuylkill County, Pennsylvania. The petitioner proposes to limit the

mapping of mines above and below mine workings to those present within

100 feet of the vein being mined except when veins are interconnected

to other veins beyond the 100 feet limit through rock tunnels. The

petitioner asserts that the proposed alternate method would provide at

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

13. Brookside Coal Company

[Docket No. M-94-84-C]

Brookside Coal Company, Box 64, Spring Glen, Pennsylvania 17978 has

filed a petition to modify the application of 30 CFR 75.1400 (hoisting

equipment; general) to its Diamond Vein Slope (I.D. No. 36-08456)

located in Schuylkill County, Pennsylvania. Because of the steep,

frequently changing pitch and numerous curves and knuckles in the main

haulage slope, the petitioner proposes to use the gunboat without

safety catches in transporting persons. As an alternative, when using

the gunboat to transport persons, the petitioner proposes to use an

increased rope strength safety factor and secondary safety connections

which are securely fastened around the gunboat and to the hoisting rope

above the main connecting device. The petitioner asserts that the

proposed alternate method would provide at least the same measure of

protection as would the mandatory standard.

14. K & S Coal Company

[Docket No. M-94-85-C]

K & S Coal Company, R.D. #2, Box 145, Hegins, Pennsylvania 17938

has filed a petition to modify the application of 30 CFR 75.1202-1(a)

(temporary notations, revisions, and supplements) to its First Chance

Slope (I.D. No. 36-07629) located in Schuylkill County, Pennsylvania.

The petitioner proposes to revise and supplement mine maps on an annual

basis instead of the required 6 month interval and to update maps daily

by hand notations. The petitioner asserts that the proposed alternate

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

the mandatory standard.

15. Shadle Coal Company

[Docket No. M-94-86-C]

Shadle Coal Company, R.D. #4, Box 358-D, Pine Grove, Pennsylvania

17963 has filed a petition to modify the application of 30 CFR 75.335

(construction of seals) to its Shadle Slope (I.D. No. 36-06031) located

in Schuylkill County, Pennsylvania. The petitioner requests a

modification of the standard to permit alternative methods of seal

construction using wooden materials of moderate size and weight due to

the difficulty in accessing previously driven headings and breasts

containing inaccessible abandoned workings; to accept a design

criterion in the 10 psi range; and to permit the water trap to be

installed in the gangway seal and sampling tube in the monkey seal for

seals installed in pairs. The petitioner asserts that the proposed

alternate method would provide at least the same measure of protection

as would the mandatory standard.

16. Shadle Coal Company

[Docket No. M-94-88-C]

Shadle Coal Company, R.D. #4, Box 358-D, Pine Grove, Pennsylvania

17963 has filed a petition to modify the application of 30 CFR 75.1202-

1(a) (temporary notations, revisions, and supplements) to its Shadle

Slope (I.D. No. 36-06031) located in Schuylkill County, Pennsylvania.

The petitioner proposes to revise and supplement mine maps on an annual

basis instead of the required 6 month interval and to update maps daily

by hand notations. The petitioner asserts that the proposed alternate

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

the mandatory standard.

17. Shadle Coal Company

[Docket No. M-94-89-C]

Shadle Coal Company, R.D. #4, Box 358-D, Pine Grove, Pennsylvania

17963 has filed a petition to modify the application of 30 CFR

75.1200(i) (mine map) to its Shadle Slope (I.D. No. 36-06031) located

in Schuylkill County, Pennsylvania. The petitioner proposes to limit

the mapping of mines above and below mine workings to those present

within 100 feet of the vein being mined except when veins are

interconnected to other veins beyond the 100 feet limit through rock

tunnels. The petitioner asserts that the proposed alternate method

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

mandatory standard.

18. Shadle Coal Company

[Docket No. M-94-90-C]

Shadle Coal Company, R.D. #4, Box 358-D, Pine Grove, Pennsylvania

17963 has filed a petition to modify the application of 30 CFR 75.1100-

2(a)(2) (quantity and location of firefighting equipment) to its Shadle

Slope (I.D. No. 36-06031) located in Schuylkill County, Pennsylvania.

The petitioner proposes to use only portable fire extinguishers to

replace existing requirements where rock dust, water cars, and other

water storage are not practical. The petitioner asserts that the

proposed alternate method would provide at least the same measure of

protection as would the mandatory standard.

19. Shadle Coal Company

[Docket No. M-94-91-C]

Shadle Coal Company, R.D. #4, Box 358-D, Pine Grove, Pennsylvania

17963 has filed a petition to modify the application of 30 CFR

75.364)(b)(1), (4), and (5) (weekly examination) to its Shadle Slope

(I.D. No. 36-06031) located in Schuylkill County, Pennsylvania. Due to

hazardous conditions and roof falls, certain areas of the intake

haulage slope and primary escapeway cannot be traveled safely. The

petitioner proposes to examine these areas from the gunboat/slope car

with an alternative air quality evaluation at the section's intake

level, and to travel and thoroughly examine these areas for hazardous

conditions once a month. The petitioner asserts that the proposed

alternate method would provide at least the same measure of protection

as would the mandatory standard.

20. Shadle Coal Company

[Docket No. M-94-92-C]

Shadle Coal Company, R.D. #4, Box 358-D, Pine Grove, Pennsylvania

17963 has filed a petition to modify the application of 30 CFR 75.360

(preshift examination) to its Shadle Slope (I.D. No. 36-06031) located

in Schuylkill County, Pennsylvania. The petitioner proposes to examine

each seal for physical damage from the slope gunboat during the

preshift examination after an air quantity reading is taken in by the

intake portal and to test for the quantity and quality of air at the

intake air split locations off the slope in the gangway portion of the

working section. The petitioner proposes to physically examine the

entire length of the slope once a month. The petitioner asserts that

the proposed alternate method would provide at least the same measure

of protection as would the mandatory standard.

21. Island Creek Coal Company

[Docket No. M-94-93-C]

Island Creek Coal Company, 1800 Washington Road, Pittsburgh,

Pennsylvania 15241-1421 has filed a petition to modify the application

of 30 CFR 75.1002 (trolley wires and trolley feeder wires, high-voltage

cables and transformers) to its VP-8 Mine (I.D. No. 44-03795) located

in Buchanan County, Virginia. The petitioner proposes to use high-

voltage cables to supply power to a longwall mining system in by the

last open crosscut. 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 August 8, 1994.

Copies of these petitions are available for inspection at that address.

Dated: July 1, 1994.

Patricia W. Silvey,

Director, Office of Standards, Regulations and Variances.

[FR Doc. 94-16575 Filed 7-7-94; 8:45 am]

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