Petitions for Modification

Federal RegisterOct 19, 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-94-139-C]

Consolidation Coal Company, Consol Plaza, 1800 Washington Road,

Pittsburgh, Pennsylvania 15241-1421 has filed a petition to modify the

application of 30 CFR 75.380(d)(4) (escapeways; bituminous and lignite

mines) to its Dilworth Mine (I.D. No. 36-04281) located in Greene

County, Pennsylvania. The petitioner proposes to establish two separate

and distinct primary intake escapeways during development of three-

entry longwall gate sections; to have the total length of unattended

supply cars maintained on the end of the supply track at 150 feet and

other rail vehicles readily mobile on the longwall development section;

to have a clearance of 42 inches on the wide side of the cars when an

unattended trip of supply cars is parked on the supply track/intake

escapeway of the three-entry development section; to periodically test

the wide side clearances along the supply cars to assure that a

stretcher can move through the area; and to post a reflective sign that

indicates limited clearance at both the inby and outby ends of the

supply cars and at the entrance of the mine. The petitioner proposes to

establish two separate and distinct secondary escapeways on retreat

that would be identified with signs and markers in the belt entry from

the longwall face to the track entry at a distance not to exceed 1000

feet, and the minimum width of the travelway in the belt entry at two

feet and maintained clear and free of obstruction; to periodically test

the wide side clearances along that portion of the belt entry

designated as an alternate escapeway to assure that a minimum clearance

of two feet is maintained; to instruct personnel working in the area to

use the primary escapeway in an emergency; to deenergize the longwall

machinery and belt line when transporting persons if the primary

escapeway is impassable; and to train all personnel assigned to work in

the area prior to implementation of the proposed alternate method and

during annual refresher training. The petitioner asserts that the

proposed alternative method would provide at least the same measure of

protection as would the mandatory standard.

2. Ram Head Coal Company

[Docket No. M-94-140-C]

Ram Head Coal Company, 277 Main Street, Joliett, Pennsylvania 17981

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

(preshift examination) to its Primrose Slope (I.D. No. 36-08454)

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

asserts that the proposed alternate method would provide at least the

same measure of protection as would the mandatory standard.

3. Ram Head Coal Company

[Docket No. M-94-141-C]

Ram Head Coal Company, 277 Main Street, Joliett, Pennsylvania 17981

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

(4), and (5) (weekly examination) to its Primrose Slope (I.D. No. 36-

08454) located in Schuylkill County, Pennsylvania. Due to hazardous

conditions and roof falls, certain areas of the intake air course

cannot be safely traveled. The petitioner proposes to examine the

intake haulage slope and primary escapeway 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

alternative method would provide at least the same measure of

protection as would the mandatory standard.

4. Ram Head Coal Company

[Docket No. M-94-142-C]

Ram Head Coal Company, 277 Main Street, Joliett, Pennsylvania 17981

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. 36-08454) 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.

5. Ram Head Coal Company

[Docket No. M-94-143-C]

Ram Head Coal Company, 277 Main Street, Joliett, Pennsylvania 17981

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

(i) (mine map) to its Primrose Slope (I.D. No. 36-08454) 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.

6. Ram Head Coal Company

[Docket No. M-94-144-C]

Ram Head Coal Company, 277 Main Street, Joliett, Pennsylvania 17981

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. 36-08454) 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.

7. The Pittsburg and Midway Coal Mining Company

[Docket No. M-94-145-C]

The Pittsburg and Midway Coal Mining Company, P.O. Box 6518,

Englewood, Colorado 80155-6518 has filed a petition to modify the

application of 30 CFR 75.1002-1(a) (location of trolley wires; trolley

feeder wires, high-voltage cables and transformers) to its North River

No. 1 Mine (I.D. No. 01-00759) located in Fayette County, Alabama. The

petitioner proposes to use high-voltage (2400 volts) cable to power

longwall equipment inby the last open crosscut and at least 150 feet

from pillar workings. The petitioner states that all electrical

personnel required to perform maintenance on the longwall will receive

training in high-voltage safety and maintenance procedures before the

proposed alternate method is implemented. The petitioner asserts that

the proposed alternate method would provide at least the same measure

of protection as would the mandatory standard.

8. Arch of Illinois

[Docket No. M-94-146-C]

Arch of Illinois, P.O. Box 308, Percy, Illinois 62272-0308 has

filed a petition to modify the application of 30 CFR 77.206(c)

(ladders; construction; installation and maintenance) to its

Preparation Plant (I.D. No. 11-02948) located in Perry County,

Illinois. Instead of using backguards, the petitioner proposes to use a

SAF-T-CLIMB fall prevention system that meets Federal Specifications

No. RR-S-001301, and complies with OSHA regulations 29 CFR 1910.27. The

petitioner states that application of the mandatory 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.

9. Leeco, Inc.

[Docket No. M-94-147-C]

Leeco, Inc., 100 Coal Drive, London, Kentucky 40741-8799 has filed

a petition to modify the application of 30 CFR 75.1103-4(a)(1)

(automatic fire sensor and warning device systems; installation;

minimum requirements) to its Mine No. 68 (I.D. No. 15-17497) located in

Perry County, Kentucky. The petitioner proposes to install a low-level

carbon monoxide detection system as an early warning fire detection

system in all belt entries used as intake air courses. The petitioner

states that application of the mandatory 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.

10. Leeco, Inc.

[Docket No. M-94-148-C]

Leeco, Inc., 100 Coal Drive, London, Kentucky 40741-8799 has filed

a petition to modify the application of 30 CFR 75.350 (air courses and

belt haulage entries) to its Mine No. 68 (I.D. No. 15-17497) located in

Perry County, Kentucky. The petitioner proposes to use belt air to

ventilate active working places to aid in controlling respirable dust

and dissipating methane. The petitioner states that application of the

mandatory 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.

11. Genwal Coal Company

[Docket No. M-94-149-C]

Genwal Coal Company, P.O. Box 1201, Huntington, Utah 84528 has

filed a petition to modify the application of 30 CFR 75.1002 (location

of trolley wires, trolley feeder wires, high-voltage cables and

transformers) to its Crandall Canyon Mine (I.D. No. 42-01715) located

in Emery County, Utah. The petitioner proposes to use high-voltage

(4160 volts) operated equipment inby the last open crosscut at the

longwall sections. The petitioner states that application of the

mandatory standard would result in a diminution of safety to the

miners. The petitioner asserts that the proposed alternative method

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

mandatory standard.

12. Brush Creek Mining and Development Company, Inc.

[Docket No. M-94-40-M]

Brush Creek Mining and Development Company, Inc., 970 E. Main

Street, Suite 200, Grass Valley, California 95945 has filed a petition

to modify the application of 30 CFR 57.4431 (surface storage

restrictions) to its Ruby Mine (I.D. No. 04-03108) located in Sierra

County, California. The petitioner request a modification of the

mandatory standard to allow the diesel fuel tank to remain in its

present location. The petitioner states that the tank has been in this

location since 1981, has a concrete foundation, and is completely

bermed to contain the fuel within the tank if there is a complete

failure of the tank. Further, the petitioner states that if fuel

escapes from the berm, it would flow downhill away from the portal. 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 November 18, 1994.

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

Dated: October 7, 1994.

Patricia W. Silvey,

Director, Office of Standards, Regulations and Variances.

[FR Doc. 94-25821 Filed 10-18-94; 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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