# Petitions for Modification > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-8961 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** April 14, 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. 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 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-8961. Public record. Not legal advice.