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. Rothermel Coal Company

[Docket No. M-95-07-C]

Rothermel Coal Company, R.D. #1, Box 33A, Klingerstown,

Pennsylvania 17941 has filed a petition to modify the application of 30

CFR 75.335 (construction of seals) to its No. 11 Slope (I.D. No. 36-

07558) located in Northumberland County, Pennsylvania. The petitioner

requests a modification of the standard to permit alternative methods

of seal 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

criterion 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.

2. Rothermel Coal Company

[Docket No. M-95-08-C]

Rothermel Coal Company, R.D. #1, Box 33A, Klingerstown,

Pennsylvania 17941 has filed a petition to modify the application of 30

CFR 75.360 (preshift examination) to its No. 11 Slope (I.D. No. 36-

07558) located in Northumberland 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 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.

3. Rothermel Coal Company

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

Rothermel Coal Company, R.D. #1, Box 33A, Klingerstown,

Pennsylvania 17941 has filed a petition to modify the application of 30

CFR 75.1100-2(a) (quantity and location of firefighting equipment) to

its No. 11 Slope (I.D. No. 36-07558) located in Northumberland 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.

4. Rothermel Coal Company

[Docket No. M-95-10-C]

Rothermel Coal Company, R.D. #1, Box 33A, Klingerstown,

Pennsylvania 17941 has filed a petition to modify the application of 30

CFR 75.1200(d) and (i) (mine map) to its No. 11 Slope (I.D. No. 36-

07558) located in Northumberland 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 feet intervals of advance from the intake slope and to

limit the mapping of mine workings above and below 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 alternative method

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

mandatory standard.

5. Rothermel Coal Company

[Docket No. M-95-11-C]

Rothermel Coal Company, R.D. #1, Box 33A, Klingerstown,

Pennsylvania 17941 has filed a petition to modify the application of 30

CFR 75.1202-1(a) (temporary notations, revisions, and supplements) to

its No. 11 Slope (I.D. No. 36-07558) located in Northumberland 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 alternative method would provide at least the same measure of

protection as would the mandatory standard.

6. Stephen Shingara Jr. Coal Company

[Docket No. M-95-12-C]

Stephen Shingara Jr. Coal Company, R.D. #1, Box 369, Shamokin,

Pennsylvania 17872 has filed a petition to modify the application of 30

CFR 75.335 (construction of seals) to its No. 1 Slope (I.D. No. 36-

02280) located in Northumberland County, Pennsylvania. The petitioner

requests a modification of the standard to permit alternative

[[Page 11681]] methods of seal 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 criterion 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. Stephen Shingara Jr. Coal Company

[Docket No. M-95-13-C]

Stephen Shingara Jr. Coal Company, R.D. #1, Box 369, Shamokin,

Pennsylvania 17872 has filed a petition to modify the application of 30

CFR 75.360 (preshift examination) to its No. 1 Slope (I.D. No. 36-

02280) located in Northumberland 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 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. Stephen Shingara Jr. Coal Company

[Docket No. M-95-14-C]

Stephen Shingara Jr. Coal Company, R.D. #1, Box 369, Shamokin,

Pennsylvania 17872 has filed a petition to modify the application of 30

CFR 75.1100-2(a) (quantity and location of firefighting equipment) to

its No. 1 Slope (I.D. No. 36-02280) located in Northumberland 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.

9. Stephen Shingara Jr. Coal Company

[Docket No. M-95-15-C]

Stephen Shingara Jr. Coal Company, R.D. #1, Box 369, Shamokin,

Pennsylvania 17872 has filed a petition to modify the application of 30

CFR 75.1200(d) & (i) (mine map) to its No. 1 Slope (I.D. No. 36-02280)

located in Northumberland 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 feet intervals of advance from the intake slope and to limit the

mapping of mine workings above and below 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 alternative method would provide

at least the same measure of protection as would the mandatory

standard.

10. Stephen Shingara Jr. Coal Company

[Docket No. M-95-16-C]

Stephen Shingara Jr. Coal Company, R.D. #1, Box 369, Shamokin,

Pennsylvania 17872 has filed a petition to modify the application of 30

CFR 75.1202-1(a) (temporary notations, revisions, and supplements) to

its No. 1 Slope (I.D. No. 36-02280) located in Northumberland 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 alternative method would provide at least the same measure of

protection as would the mandatory standard.

11. Frank Branch Mining, Inc.

[Docket No. M-95-17-C]

Frank Branch Mining, Inc., Route 1, Box 200, Dunlow, West Virginia

25511 has filed a petition to modify the application of 30 CFR 75.503

(permissible electric face equipment; maintenance) to its Frank Branch

No. 1 Mine (I.D. No. 46-07838) located in Wayne County, West Virginia.

The petitioner proposes to replace a padlock on battery plug connectors

on mobile battery-powered machines with a threaded ring and a spring

loaded device to prevent the plug connector from accidently disengaging

while under load; to have a warning tag on all battery plug connectors

on the battery-powered machines that states ``do not disengage plugs

under load;'' and to instruct all persons required to operate or

maintain the battery-powered machines in the safe practices and

provisions provided for in the alternative method of compliance. 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 alternative method would provide

at least the same measure of protection as would the mandatory

standard.

12. Frank Branch Mining, Inc.

[Docket No. M-95-18-C]

Frank Branch Mining, Inc., Route 1, Box 200, Dunlow, West Virginia

25511 has filed a petition to modify the application of 30 CFR 75.503

(permissible electric face equipment; maintenance) to its Frank Branch

No. 2 Mine (I.D. No. 46-08412) located in Wayne County, West Virginia.

The petitioner proposes to replace a padlock on battery plug connectors

with a threaded ring and a spring loaded device on mobile battery-

powered machines to prevent the plug connector from accidently

disengaging while under load; to have a warning tag on all battery plug

connectors on the battery-powered machines that states ``do not

disengage plugs under load;'' and to instruct all persons required to

operate or maintain the battery-powered machines in the safe practices

and provisions provided for in the alternative method of compliance.

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 alternative method would provide

at least the same measure of protection as would the mandatory

standard.

13. Copperas Coal Corporation

[Docket No. M-95-19-C]

Copperas Coal Corporation, P.O. Box 4544, Chapmanville, West

Virginia 25508 has filed a petition to modify the application of 30 CFR

75.503 (permissible electric face equipment; maintenance) to its Red

Oak Mine (I.D. No. 46-08135) located in Boone County, West Virginia.

The petitioner proposes to replace a padlock on battery plug connectors

with a threaded ring and a spring loaded device on mobile battery-

powered machines to prevent the plug connector from accidently

disengaging while under load; to have a warning tag on all battery plug

connectors on the battery-powered machines that states ``do not

disengage plugs under load''; and to instruct all persons required to

operate or maintain the battery-powered machines in the safe practices

and provisions provided for in the alternative method of compliance.

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 alternative method would provide

at least the same measure of [[Page 11682]] protection as would the

mandatory standard.

14. Eighty-Four Mining Company

[Docket No. M-95-20-C]

Eighty-Four Mining Company, P.O. Box 729, Indiana, Pennsylvania

15701 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 Mine 84 (I.D. No. 36-00958) located in

Washington County, Pennsylvania. The petitioner proposes to use high-

voltage (4,160 volts) cables inby the last open crosscut to supply

power to longwall face equipment. The petitioner asserts that the

proposed alternative method would provide at least the same measure of

protection as would the mandatory standard.

15. Minnesota Ore Operations, USX Corporation

[Docket No. M-95-03-M]

Minnesota Ore Operations, USX Corporation, 600 Grant Street, room

1580, Pittsburgh, Pennsylvania 15219 has filed a petition to modify the

application of 30 CFR 56.15014 (eye protection when operating grinding

wheels) to its Minntac Mine (I.D. No. 21-00282); its Minntac Plant

(I.D. No. 21-00820); and its Maintenance Department (I.D. No. 21-00819)

all located in St. Louis County, Minnesota. The petitioner proposes to

continue using pedestal grinders with safety shields; to continue

providing safety glasses, including prescription glasses to all

employees for them to wear while working, except in office areas; and

to discontinue using face shields when employees are wearing safety

glasses while operating pedestal grinders equipped with safety shields.

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 April 3, 1995.

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

Dated: February 24, 1995.

Patricia W. Silvey,

Director, Office of Standards, Regulations and Variances.

[FR Doc. 95-5141 Filed 3-1-95; 8:45 am]

BILLING CODE 4510-43-M