Petitions for Modification

Federal RegisterJul 27, 1994

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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. Consolidation Coal Company

[Docket No. M-94-87-C]

Consolidation Coal Company, 1800 Washington Road, Pittsburgh,

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

of 30 CFR 75.364(b)(2) (weekly examination) to its Blacksville No. 2

Mine (I.D. No. 46-01968) located in Monongalia County, West Virginia.

Due to deteriorating roof and rib conditions in certain areas of the

return air course, traveling the entire area would be unsafe. The

petitioner proposes to establish check points 1 and 2 to monitor the

methane and quantity of air in the affected area; to have a qualified

person conduct these tests weekly at each check point and record the

results in a book kept on the surface and made available for inspection

by interested persons; and to install a door in the overcast on the

mainline track haulage in order to observe the mine roof over the

overcast once a day to determine whether a roof fall and possible

collapse of the overcast exists. The petitioner asserts that the

proposed alternate method would provide at least the same measure of

protection as would the mandatory standard.

2. Drummond Company, Inc.

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

Drummond Company, Inc., P.O. Box 10246, Birmingham, Alabama 35202

has filed a petition to modify the application of 30 CFR 75.800 (high-

voltage circuits; circuit breakers) to its Shoal Creek Mine (I.D. No.

01-02901) located in Jefferson County, Alabama. The petitioner requests

a modification of that portion of the standard that pertains to under-

voltage, grounded phase, overcurrent, and ground check opening the

circuit breaker. The petitioner proposes to use high-voltage contactors

with an electrical rating adequate for the connected load; to use

under-voltage, overload, grounded phase, and ground check protective

devices that would de-energize the high-voltage contactor; to use a

control circuit design for each high-voltage circuit that would

preclude automatic closing of the high-voltage contactor when there is

an under-voltage, overload, grounded phase, or ground check problem; to

use a control circuit design for each high-voltage contactor that would

preclude remote closing of the high-voltage contactor when there is an

overload, grounded phase, or ground check problem; and to use a short

circuit current that would trip the high-voltage circuit breaker, and a

control circuit design that would preclude automatic or remote closing

of the high-voltage circuit breaker. The petitioner asserts that the

proposed alternate method would provide at least the same measure of

protection as would the mandatory standard.

3. Drummond Company, Inc.

[Docket No. M-94-95-C]

Drummond Company, Inc., P.O. Box 10246, Birmingham, Alabama 35202

has filed a petition to modify the application of 30 CFR 75.803 (fail

safe ground check circuits on high-voltage resistance grounded systems)

to its Shoal Creek Mine (I.D. No. 01-02901) located in Jefferson

County, Alabama. The petitioner requests a modification of that portion

of the standard that pertains to under-voltage, grounded phase,

overcurrent, and ground check opening the circuit breaker. The

petitioner proposes to use high-voltage contactors with an electrical

rating adequate for the connected load; to use under-voltage, overload,

grounded phase, and ground check protective devices that would de-

energize the high-voltage contactor; to use a control circuit design

for each high-voltage circuit that would preclude automatic closing of

the high-voltage contactor when there is an under-voltage, overload,

grounded phase, or ground check problem; to use a control circuit

design for each high-voltage contactor that would preclude remote

closing of the high-voltage contactor when there is an overload,

grounded phase, or ground check problem; and to use a short circuit

current that would trip the high-voltage circuit breaker, and a control

circuit design that would preclude automatic or remote closing of the

high-voltage circuit breaker. The petitioner asserts that the proposed

alternate method would provide at least the same measure of protection

as would the mandatory standard.

4. Dynamic Recovery, Inc.

[Docket No. M-94-96-C]

Dynamic Recovery, Inc., P.O. Box 25, Clarksville, Pennsylvania

15322 has filed a petition to modify the application of 30 CFR 75.1103-

4(a) (automatic fire sensor and warning device systems; installation;

minimum requirements) to its Lazarus Mine (I.D. No. 36-08336) located

in Greene County, West Virginia. The petitioner proposes to install a

low-level carbon monoxide detection system as an early warning fire

detection system in all belt entries where a monitoring system would

identify a sensor location instead of in each belt flight. The

petitioner asserts that the proposed alternative method would provide

at least the same measure of protection as would the mandatory

standard.

5. Helvetia Coal Company

[Docket No. M-94-97-C]

Helvetia Coal Company, Box 729, Indiana, Pennsylvania 15701 has

filed a petition to modify the application of 30 CFR 75.1100-2(e)(2)

(quantity and location of fire fighting equipment) to its Lucerne No. 6

Extension (I.D. No. 36-07691) located in Indiana County, Pennsylvania.

The petitioner proposes to use two portable fire extinguishers, or one

portable fire extinguisher with twice the required capacity, at each

temporary electrical installation instead of using one fire

extinguisher and rock dust at such installations. The petitioner

asserts that the proposed alternative method would provide at least the

same measure of protection as would the mandatory standard.

6. Keystone Coal Mining Corporation

[Docket No. M-94-98-C]

Keystone Coal Mining Corporation, P.O. Box 729, Indiana,

Pennsylvania 15701 has filed a petition to modify the application of 30

CFR 75.511 (low- medium- or high-voltage distribution circuits and

equipment; repair) to its Emilie No. 1 Mine (I.D. No. 36-00821) and its

Jane Mine (I.D. No. 36-00823) both located in Armstrong County,

Pennsylvania. The petitioner proposes to utilize non-qualified persons

for changing fuses in DC pump fused disconnect boxes and fused trolley

wire taps. The petitioner states that the non-qualified persons would

be briefed and trained to ensure safe and proper conduct in performing

fuse changes. The petitioner asserts that the proposed alternative

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

the mandatory standard.

7. Keystone Coal Mining Corporation

[Docket No. M-94-99-C]

Keystone Coal Mining Corporation, P.O. Box 729, Indiana,

Pennsylvania 15701 has filed a petition to modify the application of 30

CFR 75.1100-2(e)(2) (quantity and location of fire fighting equipment)

to its Emilie No. 1 Mine (I.D. No. 36-00821), its Emilie No. 4 Mine

(I.D. No. 36-06018), its Jane Mine (I.D. No. 36-00823), and its

Margaret No. 11 Mine (I.D. No. 36-08139), all located in Armstrong

County, Pennsylvania; and its Urling No. 1 Mine (I.D. No. 36-04852) and

its Plumcreek Mine (I.D. No. 36-08401), both located in Indiana County,

Pennsylvania. The petitioner proposes to use two portable fire

extinguishers, or one portable fire extinguisher with twice the

required capacity, at each temporary electrical installation instead of

using one fire extinguisher and rock dust at such installations. The

petitioner asserts that the proposed alternate method would provide at

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

8. Tilden Magnetite Partnership

[Docket No. M-94-33-M]

Tilden Magnetite Partnership, P.O. Box 2000, Ishpeming, Michigan

49849 has filed a petition to modify the application of 30 CFR 56.14100

(safety defects; examination, correction and records) to its Tilden

Magnetite Mine (I.D. No. 20-00422) located in Marquette County,

Michigan. The petitioner proposes to provide shovel operators with

supplies to clean windshields manually instead of using windshield

wipers on production shovels. The petitioner states that the use of

automatic windshield wipers would result in a diminution of safety to

the miners.

9. Echo Bay Minerals Company

[Docket No. M-94-34-M]

Echo Bay Minerals Company, P.O. Box 1658, Battle Mountain, Nevada

89820 has filed a petition to modify the application of 30 CFR

56.6309(b) (fuel oil requirements for ANFO) to its McCoy/Cove Mine

(I.D. No. 26-01925) located in Lander County, Nevada. The petitioner

proposes to blend recycled, used petroleum-based oil from equipment

operating at its mine with diesel fuel to create a blasting agent. The

petitioner asserts that this oil would not contain any hazardous

material listed in 40 CFR 261 and that the proposed alternate method

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

mandatory standard.

10. Independent Aggregates

[Docket No. M-94-35-M]

Independent Aggregates, P.O. Box 519, Inglis, Florida 34449 has

filed a petition to modify the application of 30 CFR 56.7055

(intersecting holes) to its I.A.C. Mine (I.D. No. 08-01035) located in

Citrus County, Florida. The petitioner propose to load each hole as

soon as it has been drilled, then move to the next hole, continue until

the end of the shift, and then continue loading on subsequent shifts

until the pattern is completed. Then, the round would be wired and shot

as soon as possible. The petitioner states that returning to the

collapsed holes to redrill would cause hazardous conditions. In

addition, the petitioner states that the proposed alternate method

would prevent a diminution of safety.

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 26, 1994.

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

Dated: July 20, 1994.

Patricia W. Silvey,

Director, Office of Standards, Regulations and Variances.

[FR Doc. 94-18298 Filed 7-26-94; 8:45 am]

BILLING CODE 4510-43-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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