Petitions for Modification

Federal RegisterJul 6, 1995

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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. Keystone Coal Mining Corporation

[Docket No. M-95-86-C]

Keystone Coal Mining Corporation, 655 Church Street, Indiana,

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

CFR 75.380(d)(3) (escapeways; bituminous and lignite mines) to its

Emilie No. 1 Mine (I.D. No. 36-00821) located in Armstrong County,

Pennsylvania. The petitioner proposes to continue utilizing the

passable escapeway as it presently exists for approximately 8 to 9 feet

as an alternative to enhancing the height of the overcast area due to

geologic conditions of that area of the mine. The petitioner states

that the main intake escapeway (E1) for the Emilie No. 1 Mine is

directed out of the Emilie No. 2 Track Slope; that petitioner is unable

to maintain the clearance to the height of the coal seam at one corner

of the intake overcast located three crosscuts inby the slope bottom

due to geologic conditions; that the clearance at the immediate corner

of the overcast is 24 to 29 inches in height and that moving away from

the immediate corner towards the center of the overcast and down the

ramp, the height increases to 42 inches, which is the height of the

coal seam; and that the total linear distance is 9 feet where the

travelway is less than the seam height. The petitioner also states that

application of the standard would result in a diminution of safety to

the miners because a much greater distance would have to be traveled

along a different escape route. In addition, the petitioner asserts

that the proposed alternative method would provide at least the same

measure of protection as would the mandatory standard.

2. Keystone Coal Mining Corporation

[Docket No. M-95-87-C]

Keystone Coal Mining Corporation, 655 Church Street, Indiana,

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

CFR

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

No. 1 Mine (I.D. No. 36-00821) located in Armstrong County,

Pennsylvania. The petitioner proposes to continue utilizing its

secondary/alternate escapeway as it presently exists. The petitioner

states that the secondary/alternate escapeway for the Emilie No. 1 Mine

is directed through to the East Mains Section cut through to the Emilie

No. 2 Mine's main line track entry, along the belt and track, and up

the belt slope to the surface; that two features in and about the slope

area of the escapeway are less than the requirements of the standard;

that the distance from the sidewall of the slope to the edge of the

belt is 54 inches wide and the two airlock doors in the slope are 46

inches wide. The petitioner states that application of the standard

would result in a diminution of safety to the miners because a much

greater distance would have to be traveled along a different escape

route. In addition, the petitioner asserts that the proposed

alternative method would provide at least the same measure of

protection as would the mandatory standard.

3. Canterbury Coal Company

[Docket No. M-95-88-C]

Canterbury Coal Company, R.D. 1, Box 119, Avonmore, Pennsylvania

15618 has filed a petition to modify the application of 30 CFR

75.380(d)(3) (escapeways; bituminous and lignite mines) to its David

Mine (I.D. No. 36-00813) located in Armstrong County, Pennsylvania. The

petitioner requests a modification of the standard to allow passage of

the alternate or secondary escapeway through an area where crossing

over two overcasts limits the passage height to less than 5 feet. The

petitioner states that the two overcasts were installed in the mine

prior to 1971; that the secondary or alternate escapeway is routed over

the overcasts which isolate it from the belt and track entries; that

the height of the secondary escapeway over the overcasts is 42 inches

for 12 feet, and 43 inches for 13 feet at the track and belt overcasts;

and that all personnel entering the mine are instructed on escapeway

and escape procedures. The petitioner asserts that the proposed

alternative method would provide the safest and shortest practical

means of escape from the active mining section.

4. R. S. Coal Company

[Docket No. M-95-89-C]

R. S. Coal Company, P.O. Box 526, Trevorton, Pennsylvania 17881 has

filed a petition to modify the application of 30 CFR 75.1400 (hoisting

equipment; general) to its No. 1 Slope (I.D. No. 36-07108) located in

Northumberland County, Pennsylvania. The petitioner proposes to use a

slope conveyance (gunboat) in transporting persons without installing

safety catches or other no less effective devices but instead use an

increased rope strength/safety factor and secondary safety rope

connection in place of such devices. The petitioner asserts that the

proposed alternative method would provide at least the same measure of

protection as would the mandatory standard.

5. Primrose Coal Company

[Docket No. M-95-90-C]

Primrose Coal Company, 214 Vaux Avenue, Tremont, Pennsylvania 17981

has filed a petition to modify the application of 30 CFR 75.1002-1

(location of other electric equipment; requirements for permissibility)

to its Primrose Slope (I.D. No. 36-04629) located in Schuylkill County,

Pennsylvania. The petitioner proposes to use nonpermissible electric

equipment within 150 feet of the pillar line and to suspend equipment

operation anytime methane concentration at the equipment reaches 0.5

percent, either during operation or during a pre-shift examination. The

petitioner asserts that the proposed alternative method would provide

at least the same measure of protection as would the mandatory

standard.

6. R & D Coal Company

[Docket No. M-95-91-C]

R & D Coal Company, 214 Vaux Avenue, Tremont, Pennsylvania 17981

has filed a petition to modify the application of 30 CFR 75.1002-1

(location of other electric equipment; requirements for permissibility)

to its Buck Mountain Slope (I.D. No. 36-02053) located in Schuylkill

County, Pennsylvania. The petitioner proposes to use nonpermissible

electric equipment within 150 feet of the pillar line and to suspend

equipment operation anytime methane concentration at the equipment

reaches 0.5 percent, either during operation or during a pre-shift

examination. The petitioner asserts that the proposed alternative

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

the mandatory standard.

7. Cobre Mining Company

[Docket No. M-95-09-M]

Cobre Mining Company, 303 Fierro Road, PO Box 424, Hanover, New

Mexico 88041 has filed a petition to modify the application of 30 CFR

57.11055 (inclined escapeways) to its Continental Mine (I.D. No. 29-

00233) located in Grant County, New Mexico. The petitioner proposes to

modify the use of its present underground secondary escape route. The

petitioner proposes to install two vent or fire doors on the 1300 level

at the No. 2 shaft, one on each side of the shaft in the drifts leading

to and from the shaft; to have a rest or refuge station equipped with

telephone and audio, compressed air and water lines, suitable hand

tools, and stopping materials located between the air doors; to install

a ladderway in the No. 2 shaft cage compartments that would extend from

the 1300 level up to the 400 level station, a total distance of 900

vertical feet; to establish rest areas on the 1000, 800, and 600 foot

levels; to have a walkway approximately 450 feet from the 400 level

station that extends to the west wall of the open pit and daylight and

the 6-13 stope connected to the east end of the west wall of the pit;

to have the 99 stope connected to the bottom level of the pit and if

any changes are detected in mine ventilation, the emergency escape

would be carried out entirely in fresh air. The petitioner also

proposes to retimber all refuge stations, level stations, rest areas or

walkways, or install ground support when necessary; to remove all scrap

from the station area; to seal and lock all walkways (drifts) leading

from the rest stations into any unnecessary or abandoned stope areas.

After the ladderway from 1300 to 400 level is completed in the No. 2

shaft, the lagging would be removed from No. 53 for 316 feet and a

bulkhead would be installed, a concrete and rebar plug poured to form a

bearing set with a chute type drawpoint, the No. 2 shaft would be

filled with clean gravel from the concrete plug to the surface, the

manway would be constructed with 6 by 8 inch stringers nailed in from

the end plate to the center dividers, and 3 by 5 inch lagging would be

nailed down on the stringers to the outside of the shaft guides forming

a 48 by 51 inch landing with at least a 25 by 25 inch ladder opening;

at each landing 2 by 12 inch laggings would be installed from guide to

guide to form a horizontal partition, three laggings would be nailed on

a 1 foot space to a height of 5 feet, a chain link wire would be

installed between the landings to further close the manway, ladders

would be installed in 24 foot sections that would be inclined from each

landing to the center divider above and bolted to a 7 foot vertical

center divider for additional handholds. The petitioner states that no

electrical power would be near the

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manway; that escaping miners would be in fresh air entirely from all

areas on the 1300 level; and that its approximately 3,300 feet from the

No. 3 shaft areas down 13-1 drift to the No. 2 shaft station and

approximately 4,800 feet from 13-17 drift off 13-5 drift to the No. 2

shaft station by 13-17 drift. 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 August 7, 1995.

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

Dated: June 29, 1995.

Patricia W. Silvey,

Director, Office of Standards, Regulations and Variances.

[FR Doc. 95-16627 Filed 7-5-95; 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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