# Petitions for Modification

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/fr%3A94-21986

## Record

- **Collection:** Federal Register
- **Document type:** Uncategorized Document
- **Published:** September 7, 1994

## Text

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. C & C Coal Company

[Docket No. M-94-124-C]

C & C Coal Company, 100 E. Main Street, Ashland, Pennsylvania 17921
has filed a petition to modify the application of 30 CFR 75.1100-
2(a)(2) (quantity and location of firefighting equipment) to its
Primrose Slope (I.D. No. 36-08341) 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 alternative method would provide at least the same
measure of protection as would the mandatory standard.

2. C & C Coal Company

[Docket No. M-94-125-C]

C & C Coal Company, 100 E. Main Street, Ashland, Pennsylvania 17921
has filed a petition to modify the application of 30 CFR 75.1200(i)
(mine map) to its Primrose Slope (I.D. No. 36-08341) located in
Schuylkill County, Pennsylvania. The petitioner proposes to limit the
mapping of mines above and below mine workings to those present within
100 foot 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.

3. C & C Coal Company

[Docket No. M-94-126-C]

C & C Coal Company, 100 E. Main Street, Ashland, Pennsylvania 17921
has filed a petition to modify the application of 30 CFR 75.1202-1(a)
(temporary notations, revisions, and supplements) to its Primrose Slope
(I.D. No. 36-08341) 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 alternative
method would provide at least the same measure of protection as would
the mandatory standard.

4. Betty B. Coal Company

[Docket No. M-94-127-C]

Betty B. Coal Company, P.O. Box 1139, Coeburn, Virginia 24230 has
filed a petition to modify the application of 30 CFR 75.1710 (canopies
or cabs; electric face equipment) to its Betty B. Mine No. 12 (I.D. No.
44-06423) located in Wise County, Virginia. The petitioner requests
relief from the use of canopies on electric face equipment. The
petitioner states that the use of canopies would result in hazardous
conditions to the equipment operator.

5. L. L. & S. Coal Company

[Docket No. M-94-128-C]

L. L. & S. Coal Company, P.O. Box 148, Hegins, Pennsylvania 17938
has filed a petition to modify the application of 30 CFR 75.1400
(hoisting equipment; general) to its L. L. & S. Mine (I.D. No. 36-
08166) located in Schuylkill County, Pennsylvania. Because of 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 alternate, 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 alternative method would provide at least the same measure of
protection as would the mandatory standard.

6. Consolidation Coal Company

[Docket No. M-94-129-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)(1) (weekly examination) to its Robinson Run No. 95
Mine (I.D. No. 46-01318) located in Harrison County, West Virginia. Due
to deteriorating roof and rib conditions from the No. 5 Seal in the
Main East set of seals to the point of intersection with Main North of
the intake air course, traveling the affected area in its entirety
would be unsafe. The petitioner proposes to establish evaluation check
points; to have a certified person test for methane and the quantity of
air at each check point on a weekly basis; to have the certified person
initial, date, and record the results in a record book kept on the
surface; and to make the record book available for inspection by
interested persons. The petitioner asserts that the proposed
alternative method would provide at least the same measure of
protection as would the mandatory standard.

7. Martinka Coal Company

[Docket No. M-94-130-C]

Martinka Coal Company, 800 Laidley Tower, P.O. Box 1233,
Charleston, West Virginia 25324 has filed a petition to modify the
application of 30 CFR 75.364(b)(2) (weekly examination) to its Tygart
River Mine (I.D. No. 46-03805) located in Marion County, West Virginia.
Due to deteriorating conditions in certain areas of the return air
course, traveling the affected area in its entirety would be unsafe.
The petitioner proposes to establish five evaluation check points; to
have a certified person monitor for hazardous conditions, the volume
and direction of airflow, and the methane and oxygen concentrations in
the affected area at each check point on a weekly basis; to record the
results in a manner similar to that required by the mandatory standard;
and to locate a date board at each evaluation point which the examiner
would initial and record the date and time of the examination. The
petitioner asserts that the proposed alternative method would provide
at least the same measure of protection as would the mandatory
standard.

8. Monterey Coal Company

[Docket No. M-94-131-C]

Monterey Coal Company, Rural Route 4, Box 235, Carlinville,
Illinois 62626 has filed a petition to modify the application of 30 CFR
75.503 (permissible electric face equipment; maintenance) to its No. 1
Mine (I.D. No. 11-00726) located in Macoupin County, Illinois. The
petitioner proposes to use two Fletcher Model CDR-15 slim line
roofbolters near the end of the longwall panel to provide additional
support of the face in preparation for equipment transfer to the next
panel. These bolters would be equipped with No. 2 AWG G-GC portable
cables with 1200 feet of the cable reaching across the face from the
power center outby. The petitioner asserts that the proposed
alternative method would provide at least the same measure of
protection as would the mandatory standard.

9. Consolidation Coal Company

[Docket No. M-94-132-C]

Consolidation 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 Shoemaker Mine (I.D. No. 46-01436)
located in Marshall County, West Virginia. The petitioner proposes to
use high-voltage (4,160 volts) cables inby the last open crosscut to
supply power to longwall equipment. 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
alternative method would provide at least the same measure of
protection as would the mandatory standard.

10. Eastern Associated Coal Corporation

[Docket No. M-94-133-C and M-94-134-C]

Eastern Associated Coal Corporation, 800 Laidley Tower, 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 Lightfoot No. 1 Mine (I.D. No. 46-04332) and its
Lightfoot No. 2 Mine (I.D. No. 46-04955) both located in Boone County,
West Virginia. The petitioner proposes to use a threaded ring and a
spring loaded device on battery plug connectors for mobile battery-
powered machines to prevent the plug connector from accidently
disengaging while under load instead of using a padlock. The petitioner
asserts that the proposed alternative method would provide at least the
same measure of protection as would the mandatory standard.

11. K & S Coal Company

[Docket No. M-94-135-C]

K & S Coal Company, RD #2, Box 145, Hegins, Pennsylvania 17938 has
filed a petition to modify the application of 30 CFR 75.332(b)(1) and
(b)(2) (working sections and working places) to its First Chance Slope
(I.D. No. 36-07629) located in Schuylkill County, Pennsylvania. The
petitioner proposes to use air passing through inaccessible abandoned
workings and additional areas by mixing with the air in the intake
haulage slope to ventilate the only active working section, to ensure
air quality by sampling intake air during preshift and on-shift
examinations, and to suspend mine production when air quality fails to
meet specified criteria. 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 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 October 7, 1994.
Copies of these petitions are available for inspection at that address.
Patricia W. Silvey,
Director, Office of Standards, Regulations and Variances.
[FR Doc. 94-21986 Filed 9-6-94; 8:45 am]
BILLING CODE 4510-43-P

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-21986. Public record. Not legal advice.
