Petitions for Modification

DEPARTMENT OF LABOR

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. McElroy Coal Company

[Docket No. M-95-138-C]

McElroy Coal Company, Consol Plaza, 1800 Washington Road,

Pittsburgh, Pennsylvania 15241-1421 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 McElroy Mine

(I.D. No. 46-01437) 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 mining equipment. The

petitioner asserts that the proposed alternative method would provide

at least the same measure of protection as would the mandatory

standard.

2. Megan, Inc.

[Docket No. M-95-139-C]

Megan, Inc., HC 83, Box 121B, Cannon, Kentucky 40923 has filed a

petition to modify the application of 30 CFR 75.342 (methane monitors)

to its No. 2 Mine (I.D. No. 15-17568) located in Whitley County,

Kentucky. The petitioner proposes to use hand-held continuous-duty

methane and oxygen indicators instead of machine-mounted methane

monitors on three-wheel tractors with drag bottom buckets. The

petitioner asserts that the proposed alternative method would provide

at least the same measure of protection as would the mandatory

standard.

3. Peabody Coal Company

[Docket No. M-95-140-C]

Peabody Coal Company, 1951 Barrett Court, P.O. Box 1990, Henderson,

Kentucky 42420-1990 has filed a petition to modify the application of

30 CFR 75.364(b)(2) (weekly examination) to its Camp No. 11 Mine (I.D.

No. 15-08357) located in Union County, Kentucky. Due to hazardous roof

conditions in certain areas of the return air course, the area cannot

be traveled in its entirety. The petitioner proposes to have a

certified person examine for methane, oxygen, and the quantity of air

in the No. 8 (outside) intake entry inby and outby the roof fall on a

weekly basis and record the results in a book kept on the surface at

the mine and available to interested parties. The petitioner asserts

that the proposed alternative method would provide at least the same

measure of protection as would the mandatory standard.

4. Three Way Coal Company

[Docket No. M-95-141-C]

Three Way Coal Company, 117 School Rowe, Branchdale, Pennsylvania

17923 has filed a petition to modify the application of 30 CFR 75.1400

(hoisting equipment; general) to its Little Vein Slope (I.D. No. 36-

08332) located in Schuylkill County, Pennsylvania. The petitioner

proposes to use a slope conveyance (gunboat) in transporting

[[Page 54392]]

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. Three Way Coal Company

[Docket No. M-95-142-C]

Three Way Coal Company, 117 School Rowe, Branchdale, Pennsylvania

17923 has filed a petition to modify the application of 30 CFR 75.332

(b)(1) & (b)(2) (working sections and working places) to its Little

Vein Slope (I.D. No. 36-08332) located in Schuylkill County,

Pennsylvania. The petitioner proposes to use air passing through

inaccessible abandoned workings and additional areas not examined and

which is currently mixing with the air in the intake haulage slope to

ventilate the active working section, and to ensure the maintenance of

air quality through the sampling of section intake air at the gangway

level during the preshift and on-shift examinations of carbon dioxide,

methane, and oxygen deficiency. The petitioner asserts that the

proposed alternative method would provide at least the same measure of

protection as would the mandatory standard.

6. Three Way Coal Company

[Docket No. M-95-143-C]

Three Way Coal Company, 117 School Rowe, Branchdale, Pennsylvania

17923 has filed a petition to modify the application of 30 CFR 75.335

(construction of seals) to its Little Vein Slope (I.D. No. 36-08332)

located in Schuylkill County, Pennsylvania. The petitioner requests a

modification of the standard to permit alternative methods of

construction using wooden materials of moderate size and weight due to

the difficulty in accessing previously driven headings and breasts

containing inaccessible abandoned workings; to accept a design criteria

in the 10 psi range; and to permit the water trap to be installed in

the gangway seal and sampling tube in the monkey seal for seals

installed in pairs. The petitioner asserts that the proposed

alternative method would provide at least the same measure of

protection as would the mandatory standard.

7. Three Way Coal Company

[Docket No. M-95-144-C]

Three Way Coal Company, 117 School Rowe, Branchdale, Pennsylvania

17923 has filed a petition to modify the application of 30 CFR 75.360

(preshift examination) to its Little Vein Slope (I.D. No. 36-08332)

located in Schuylkill County, Pennsylvania. The petitioner proposes to

visually examine each seal for physical damage from the slope gunboat

during the preshift examination after an air quantity reading is taken

inby 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 proposes to physically examine

the entire length of the slope 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.

8. Three Way Coal Company

[Docket No. M-95-145-C]

Three Way Coal Company, 117 School Rowe, Branchdale, Pennsylvania

17923 has filed a petition to modify the application of 30 CFR

75.364(b)(1), (4) and (5) (weekly examination) to its Little Vein Slope

(I.D. No. 36-08332) located in Schuylkill County, Pennsylvania. Due to

hazardous conditions and roof falls, certain areas of the intake

haulage slope and primary escapeway cannot be traveled safely. The

petitioner proposes to examine these areas 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.

9. Three Way Coal Company

[Docket No. M-95-146-C]

Three Way Coal Company, 117 School Rowe, Branchdale, Pennsylvania

17923 has filed a petition to modify the application of 30 CFR 75.1002-

1 (location of other electric equipment; requirements for

permissibility) to its Little Vein Slope (I.D. No. 36-08332) 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 the methane concentration at

the equipment reaches 0.5 percent, either during operation or during a

preshift examination. The petitioner asserts that the proposed

alternative method would provide at least the same measure of

protection as would the mandatory standard.

10. Three Way Coal Company

[Docket No. M-95-147-C]

Three Way Coal Company, 117 School Rowe, Branchdale, Pennsylvania

17923 has filed a petition to modify the application of 30 CFR 75.1100-

2 (quantity and location of firefighting equipment) to its Little Vein

Slope (I.D. No. 36-08332) 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.

11. Three Way Coal Company

[Docket No. M-95-148-C]

Three Way Coal Company, 117 School Rowe, Branchdale, Pennsylvania

17923 has filed a petition to modify the application of 30 CFR

75.1200(d) & (i) (mine map) to its Little Vein Slope (I.D. No. 36-

08332) located in Schuylkill County, Pennsylvania. The petitioner

proposes to use cross-sections instead of contour lines through the

intake slope, at locations of rock tunnel connections between veins,

and at 1,000-foot intervals of advance from the intake slope and to

limit the required mapping of the mine workings above and below to

those present within 100 feet of the veins being mined except when

veins are interconnected to other veins beyond the 100-foot limit

through rock tunnel. The petitioner asserts that the proposed

alternative method would provide at least the same measure of

protection as would the mandatory standard.

12. Three Way Coal Company

[Docket No. M-95-149-C]

Three Way Coal Company, 117 School Rowe, Branchdale, Pennsylvania

17932 has filed a petition to modify the application of 30 CFR 75.1202-

1(a) (temporary notations, revisions, and supplements) to its Little

Vein Slope (I.D. No. 36-08332) located in Schuylkill County,

Pennsylvania. The petitioner proposes to revise and supplement mine

maps annually instead of every 6 months, as required, 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.

[[Page 54393]]

13. Keystone Coal Mining Corporation

[Docket No. M-95-150-C]

Keystone Coal Mining Corporation, 655 Church Street, Indiana,

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

CFR 75.1103-4(a) (automatic fire sensor and warning device systems;

installations; minimum requirements) to its Emilie No. 1 Mine (I.D. No.

36-00821) located in Armstrong County, Pennsylvania. The petitioner

proposes to install a low- level carbon monoxide detection system in

all belt entries where a monitoring system identifies a sensor location

instead of each belt flight. The petitioner asserts that the proposed

alternative method would provide at least the same measure of

protection as would the mandatory standard.

14. Heatherly Mining, Inc.

[Docket No. M-95-151-C]

Heatherly Mining, Inc., P.O. Box 550, Henryetta, Oklahoma 74437 has

filed a petition to modify the application of 30 CFR 75.1700 (oil and

gas wells) to its Pollyanna No. 8 Mine (I.D. No. 34-01787) located in

Le Flore County, Oklahoma. The petitioner proposes to plug and mine

through certain abandoned wells which lie in the path of engineered

mine workings. 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 22, 1995.

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

Dated: October 13, 1995.

Patricia W. Silvey,

Director, Office of Standards, Regulations and Variances.

[FR Doc. 95-26136 Filed 10-20-95; 8:45 am]

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