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. Consol Pennsylvania Coal Company

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

Consol Pennsylvania Coal Company, P.O. Box 138, Garysville,

Pennsylvania 15337 has filed a petition to modify the application of 30

CFR 75.380(d)(4) (escapeways; bituminous and lignite mines) to its

Bailey Mine (I.D. No. 36-07230) located in Greene County, Pennsylvania.

The petitioner proposes the adoption of provisions of variance dated

July 28, 1989. In addition, the petitioner would maintain a minimum

clearance of 48 inches along the development and retreat section

equipment located in the primary escapeway; remove all extraneous

material from the area to allow for safe travel; post and maintain

``tight clearance'' signs at the inby end of the affected areas; and

instruct all employees required to work in sections inby the affected

areas. The petitioner asserts that the proposed alternate method would

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

standard.

2. Consolidation Coal Company

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

Consolidation Coal Company, P.O. Box 100, Osage, West Virginia

26543 has filed a petition to modify the application of 30 CFR 75.364

(weekly examination) to its Arkwright No. 1 Mine (I.D. No. 46-01452)

located in Monongalia County, West Virginia. The petitioner proposes to

make mine ventilation changes after obtaining District Manager approval

that will make certain check points established by granted petition M-

91-35-C unnecessary. The petitioner states that the mine's 1 South/2

South longwall panel will intersect and utilize certain entries for

ventilation of this panel when production starts. In addition, the

petitioner states that the operator will rehabilitate this short

stretch of air course to make it safe to travel prior to start of

production, eliminating the need for check points 19A and 19B; that the

proposed ventilation changes would result in certain air courses

becoming common with the track entry, which is traveled and examined,

eliminating the need for the associated check points. The petitioner

asserts that the proposed alternate method would provide at least the

same measure of protection as would the mandatory standard.

3. Mountain Coal Company

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

Mountain Coal Company, P.O. Box 591, Somerset, Colorado 81434 has

filed a petition to modify the application of 30 CFR 75.804(a)

(underground high-voltage cables) to its West Elk Mine (I.D. No. 05-

03672) located in Gunnison County, Colorado. The petitioner proposes to

use 2/0 and 4/0 Anaconda SHD+GC and 2/0 and 4/0 Pirelli SHD-Center-GC

type flame resistant cables with a flexible No. 16 A.W.G ground check

conductor for the ground continuity check circuit on high voltage

longwall system(s). The petitioner asserts that the proposed

alternative method would provide at least the same measure of

protection as would the mandatory standard.

4. Drummond Company, Inc.

[Docket No. M-94-36-C]

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

has filed a petition to modify the application of 30 CFR 75.1002

(location of trolley wire, trolley feeder wire, high-voltage cable and

transformers) to its Mary Lee No. 1 Mine (I.D. No. 01-00515) located in

Walker County, Alabama. The petitioner proposes to use 2,400 volt

circuits to power longwall mining equipment. The petitioner asserts

that the proposed alternate method would provide at least the same

measure of protection as would the mandatory standard.

5. Golden Oak Mining Company, L.P.

[Docket No. M-94-37-C]

Golden Oak Mining Company, L.P., HC 85, Box 177, Whitesburg,

Kentucky 41858 has filed a petition to modify the application of 30 CFR

75.1710-1 (canopies and cabs; self-propelled electric face equipment;

installation requirements) to its Tango Mine (I.D. No. 15-13294)

located in Letcher County, Kentucky. The petitioner requests a waiver

from the use of cabs and/or canopies on Joy 21 shuttle cars. The

petitioner states that application of the standard would result in a

diminution of safety to the miners.

6. Peabody Coal Company

[Docket No. M-94-38-C]

Peabody Coal Company, P.O. Box 1990, Henderson, Kentucky 42420-1990

has filed a petition to modify the application of 30 CFR 75.500(b)

(permissible electric equipment) to its Camp No. 1 Mine (I.D. No. 15-

02709) located in Union County, Kentucky. The petitioner proposes to

use non-permissible, handheld, battery-operated drills of not more than

15 volts inby the last open crosscut for drilling quarter-inch holes in

the mine roof in order to install sight spads. The petitioner states

that to protect against hazards related to the use of the drills,

methane checks will be performed at each drilling site prior to

operating the drills; that the drills would not be used if methane

levels of 1.0 percent or greater are detected; and that no battery or

battery packs would be changed in the drill in the face area or return

air. The petitioner asserts that the alternate method would provide at

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

7. Peabody Coal Company

[Docket No. M-94-39-C]

Peabody Coal Company, P.O. Box 1990, Henderson, Kentucky 42420-1990

has filed a petition to modify the application of 30 CFR 75.500(b)

(permissible electric equipment) to its Camp No. 11 Mine (I.D. No. 15-

08357) located in Union County, Kentucky. The petitioner proposes to

use non-permissible, handheld, battery-operated drills of not more than

15 volts inby the last open crosscut for drilling quarter-inch holes in

the mine roof in order to install sight spads. The petitioner states

that to protect against hazards related to the use of the drills,

methane checks will be performed at each drilling site prior to

operating the drills; that the drills would not be used if methane

levels of 1.0 percent methane levels or greater are detected; and that

no battery or battery packs would be changed in the drill in the face

area or return air. The petitioner asserts that the alternate method

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

mandatory standard.

8. Peabody Coal Company

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

Peabody Coal Company, P.O. Box 1990, Henderson, Kentucky 42420-1990

has filed a petition to modify the application of 30 CFR 75.507-1(a)

(electric equipment other than power-connection points; outby the last

open crosscut; return air; permissibility requirements) to its Camp No.

1 Mine (I.D. No. 15-02709) located in Union County, Kentucky. The

petitioner proposes to use non-permissible, handheld, battery-operated

drills of not more than 15 volts in return air outby the last open

crosscut for drilling quarter-inch holes in the mine roof in order to

install sight spads. The petitioner states that to protect against

hazards related to the use of the drills, methane checks will be

performed at each drilling site prior to operating the drills; that the

drills would not be used if methane levels of 1.0 percent methane

levels or greater are detected; and that no battery or battery packs

would be changed in the drill in the face area or return air. The

petitioner asserts that the proposed alternate method would provide at

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

9. Peabody Coal Company

[Docket No. M-94-41-C]

Peabody Coal Company, P.O. Box 1990, Henderson, Kentucky 42420-1990

has filed a petition to modify the application of 30 CFR 75.507-1(a)

(electric equipment other than power-connection points; outby the last

open crosscut; return air; permissibility requirements) to its Camp No.

11 Mine (I.D. No. 15-08357) located in Union County, Kentucky. The

petitioner proposes to use non-permissible, handheld, battery-operated

drills of not more than 15 volts in return air outby the last open

crosscut for drilling quarter-inch holes in the mine roof in order to

install sight spads. The petitioner states that to protect against

hazards related to the use of the drills, methane checks will be

performed at each drilling site prior to operating the drills; that the

drills would not be used if methane levels of 1.0 percent methane

levels or greater are detected; and that no battery or battery packs

would be changed in the drill in the face area or return air. The

petitioner asserts that the proposed alternate method would provide at

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

10. Lehigh Portland Cement Company

[Docket No. M-94-20-M]

Lehigh Portland Cement Company, Buffington Station, Gary, Indiana

40401 has filed a petition to modify the application of 30 CFR

56.14112(b) (construction and maintenance of guards) to its Buffington

Plant (I.D. No. 12-00424) located in Lake County, Indiana. The

petitioner has a MSK Shrink-Wrap Machine which is used to seal pallets

of bagged cement in plastic and is surrounded by a fence which limits

access to moving parts of the machine. The petitioner requests a

variance to allow kill switches on 2 door openings to de-energize the

equipment when the doors are opened; to allow a conveying system that

is guarded by light beam monitors with switches that de-energize the

equipment in other than normal operating conditions; and to allow

rollers of the conveying system that are motorized to operate only

under load. The petitioner asserts that 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 16, 1994. Copies

of these petitions are available for inspection at that address.

Dated: April 6, 1994.

Patricia W. Silvey,

Director, Office of Standards, Regulations and Variances.

[FR Doc. 94-8961 Filed 4-13-94; 8:45 am]

BILLING CODE 4510-43-P