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. Topper Coal Company

[Docket No. M-95-21-C]

Topper Coal Company, Inc., 266 Rocky Road, Pikeville, Kentucky

41501 has filed a petition to modify the application of 30 CFR 75.1710-

1 (canopies or cabs; self-propelled electric face equipment;

installation [[Page 16165]] requirements) to its No. 10 Mine (I.D. No.

15-17516) located in Pike County, Kentucky. The petitioner proposes to

use specific electric face equipment without canopies which would

include one 16RB Joy Cutting Machine; two 21 SC Joy Shuttle Cars; two

CX-2 S & S Scoops; one Fletcher Roof Bolter; and one Long Airdox Roof

Bolter. The petitioner states that the use of canopies would limit the

visibility of the equipment operator, and could be a contributing

factor in any accidents which may arise.

2. Helvetia Coal Company

[Docket No. M-95-22-C]

Helvatia Coal Company, Box 729, Indiana, Pennsylvania 15701 has

filed a petition to modify the application of 30 CFR 75.1100-2(e)(2)

(quantity and location of firefighting equipment) to its Marshall Run

Mine (I.D. No. 36-08435) located in Indiana County, Pennsylvania. The

petitioner proposes to use two portable fire extinguishers, or one

portable fire extinguisher with twice the required capacity at each

temporary electrical installation. The petitioner asserts that the

proposed alternative method would provide at least the same measure of

protection as would the mandatory standard.

3. U.S. Steel Mining Company, Inc.

[Docket No. M-95-23-C]

U.S. Steel Mining Company, Inc., 600 Grant Street, Room 1580,

Pittsburgh, Pennsylvania 15219 has filed a petition to modify the

application of 30 CFR 75. 1101-1(b) (deluge-type water spray systems)

to its Gary No. 50 Mine (I.D. No. 46-01816) located in Wyoming County,

Pennsylvania. The petitioner proposes to continue its weekly

inspections and functional testing of the complete deluge-type water

spray system and to remove blow-off dust covers from the nozzles. The

petitioner asserts that the proposed alternative method would provide

at least the same measure of protection as would the mandatory

standard.

4. Green Coal Company, Inc.

[Docket No. M-95-24-C]

Green Coal Company, Inc., P.O. Box 908, Owensboro, Kentucky 42302

has filed a petition to modify the application of 30 CFR 77.1605(d)

(loading and haulage equipment; installations) to its K-9 Panther Mine

(I.D. No. 15-01982) located in Daviess County, Kentucky and its

Henderson County Mine No. 1 (I.D. No. 15-16454) located in Henderson

County, Kentucky. Instead of using tail lights on mobile equipment, the

petitioner proposes to build a metal rack across the complete width of

the rear of the mobile equipment; to paint the rack with fluorescent

paint, strip with fluorescent tape, and add reflectors; and to have the

rear end of the equipment so that it can be seen on the longest section

of any part of the mine property haulage roads. The petitioner asserts

that the proposed alternative method would not result in a diminution

of safety to the miners.

5. Southern Utah Fuel Company

[Docket No. M-95-25-C]

Southern Utah Fuel Company, 397 South 800 West, Salina, Utah 84654

has filed a petition to modify the application of 30 CFR 75.380(d)(3)

and (4) (escapeways; bituminous and lignite mines) to its SUFCo Mine

(I.D. No. 42-00089) located in Sevier County, Utah. As an alternate

escapeway from the 2 East workings to the surface, the petitioner

proposes to use the main return to #3 crosscut where the escapeway will

then enter the #1 beltline entry. At this point the escapeway would

cross over the #1 belt (height 4 feet) to the walkway side of the belt

and then proceed along this side of the belt to the surface at a

distance of approximately 450 feet. The petitioner states that because

of conventional supports and a barring wall for the tunnel liner in the

belt opening, the escapeway width is less that 6 feet; that the

narrowest point in this escapeway is the last 17 feet of the drift

opening where the width between the roof supports is 2 feet; that

because of the cement barring wall and the belt structure, this width

cannot be increased; and that an airlock with 3 feet by 7 feet doors is

installed inby the drift opening with one side of the airlock 85 feet

inby the opening and the other side 140 feet inby. The petitioner

asserts that the proposed alternative method would provide at least the

same measure of protection as would the mandatory standard.

6. McElroy Coal Company

[Docket No. M-95-26-C]

McElroy Coal Company, Consol Plaza, 1800 Washington Road,

Pittsburgh, Pennsylvania 15241 has filed a petition to modify the

application of 30 CFR 75.503 (permissible electric face equipment;

maintenance) to its McElroy Mine (I.D. No. 46-01437) located in

Marshall County, West Virginia. The petitioner proposes to increase the

maximum length of its trailing cables to 800 feet to supply three-

phase, 480-volt power to loading machines, shuttle cars, roof bolters,

and section ventilation fans during development of longwall panels. The

petitioner asserts that the proposed alternative method would provide

at least the same measure of protection as would the mandatory

standard.

7. Monterey Coal Company

[Docket No. M-95-27-C]

Monterey Coal Company, P.O. Box 94, Albers, Illinois 62215 has

filed a petition to modify the application of 30 CFR 75.1100-2(i)(1)

(quantity and location of firefighting equipment) to its No. 2 Mine

(I.D. No. 11-02371) located in Clinton County, Illinois. Instead of

using the emergency materials required in the mandatory standard, the

petitioner proposes to use the following materials: 112 Kennedy Metal

Stopping Panels with associated head sills and twist clamps, 24 Kennedy

Stopping Rib Angles, 2 rolls of tape, 2 twist tools, 2 rolls of

brattice cloth, 2 stopping jacks, 2 picks, 2 shovels, 6 buckets of

Celtite 10-12 Airtite (or equivalent material for stoppings), and 5

tons of rock dust. The petitioner asserts that the proposed alternative

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

the mandatory standard.

8. Sky High Coal Company

[Docket No. M-95-28-C]

Sky High Coal Company, R.D. #4, P.O. Box 340M, Pine Grove,

Pennsylvania 17963 has filed a petition to modify the application of 30

CFR 75.1400 (hoisting equipment; general) to its LV No. 3 Mine (I.D.

No. 36-08405) located in Schuylkill County, Pennsylvania. Because of

steep, frequently changing pitch and numerous curves and knuckles in

the main haulage slope, the petitioner proposes to use a gunboat

without safety catches in transporting persons. As an alternate, when

using the gunboat to transport persons, the petitioner proposes to use

hoisting rope with a safety factor at least 3 times greater than

required and secondary safety connections which are securely fastened

around the gunboat and to the hoisting rope above the main connection

device. The petitioner asserts that the proposed alternative method

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

mandatory standard.

9. U.S. Steel Mining Co., Inc.

[Docket No. M-95-29-C]

U.S. Steel Mining Co., Inc., 67 Seal Road, Eighty Four,

Pennsylvania 15330 has filed a petition to modify the application of

75.1002 (location of trolley wires, trolley feeder wires, high-voltage

cables and transformers) to its Maple Creek Mine (I.D. No. 36-00970)

located in Washington County, [[Page 16166]] Pennsylvania. The

petitioner proposes to use high-voltage (4,160 volts) cables to power

longwall mining equipment. The Petitioner states that all electrical

personnel would receive training before the alternate method is

implemented. The petitioner asserts that the proposed alternative

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

the mandatory standard.

10. Sky High Coal Company

[Docket No. M-95-30-C]

Sky High Coal Company, R.D. #4, P.O. Box 340M, Pine Grove,

Pennsylvania 17963 has filed a petition to modify the application of 30

CFR 75.335 (construction of seals) to its LV No. 3 Mine (I.D. No. 36-

08405) located in Schuylkill 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.

11. Sky High Coal Company

[Docket No. M-95-31-C]

Sky High Coal Company, R.D. #4, P.O. Box 340M, Pine Grove,

Pennsylvania 17963 has filed a petition to modify the application of 30

CFR 75.340 (underground electrical installations) to its LV No. 3 Mine

(I.D. No. 36-08405) located in Schuylkill County, Pennsylvania. As an

alternative to removing the batteries and transporting them in the

gunboat to the surface for charging, the petitioner proposes to charge

batteries on the mine's locomotive when all miners are out of the mine

and to have the intake air which is used to ventilate the charging

station continue through its normal route to the last open crosscut and

into the monkey airway (return). The petitioner asserts that the

proposed alternative method would provide at least the same measure of

protection as would the mandatory standard.

12. Sky High Coal Company

[Docket No. M-95-32-C]

Sky High Coal Company, R.D. #4, P.O. Box 340M, Pine Grove,

Pennsylvania 17963 has filed a petition to modify the application of 30

CFR 75.360 (preshift examination) to its LV No. 3 Mine (I.D. No. 36-

08405) located in Schuylkill 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 in by 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.

13. Sky High Coal Company

[Docket No. M-95-33-C]

Sky High Coal Company, R.D. #4, P.O. Box 340M, Pine Grove,

Pennsylvania 17963 has filed a petition to modify the application of 30

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

its LV No. 3 Mine (I.D. No. 36-08405) 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.

14. Sky High Coal Company

[Docket No. M-95-34-C]

Sky High Coal Company, R.D. #4, P.O. Box 340M, Pine Grove,

Pennsylvania 17963 has filed a petition to modify the application of 30

CFR 75.1200(d) & (i) (mine map) to its LV No. 3 Mine (I.D. No. 36-

08405) 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 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.

15. Sky High Coal Company

[Docket No. M-95-35-C]

Sky High Coal Company, R.D. #4, P.O. Box 340M, Pine Grove,

Pennsylvania 17963 has filed a petition to modify the application of 30

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

its LV No. 3 Mine (I.D. No. 36-08405) located in Schuylkill 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.

16. Consolidation Coal Company

[Docket No. M-95-36-C]

Consolidation Coal Company, Consol Plaza, 1800 Washington Road,

Pittsburgh, Pennsylvania 15241-1421 has filed a petition to modify the

application of 30 CFR 75.503 (permissible electric face equipment;

maintenance) to its Shoemaker Mine (I.D. No. 46-01436) located in

Marshall County, West Virginia. The petitioner proposes to increase the

maximum length of its trailing cables to 800 feet to supply three-

phase, 480-volt power to loading machines, shuttle cars, roof bolters,

and section ventilation fans during development of longwall panels. The

petitioner asserts that the proposed alternative method would provide

at least the same measure of protection as would the mandatory

standard.

17. Cyprus Emerald Resources Corporation

[Docket No. M-95-37-C]

Cyprus Emerald Resources Corporation, 600 Grant Street, Pittsburgh,

Pennsylvania 15219-2887 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 Emerald Mine (I.D. No. 36-

05466) located in Greene County, Pennsylvania. The petitioner proposes

to use high-voltage (4,160 volts) cables to power 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.

18. Twentymile Coal Company

[Docket No. M-95-38-C]

Twentymile Coal Company, 600 Grant Street, Pittsburgh, Pennsylvania

15219-2887 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 Foidel Creek Mine (I.D. No. 05-03836)

located in Routt County, Colorado. The petitioner proposes to use

[[Page 16167]] high-voltage (4,160 volts) cables to power 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.

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 28, 1995.

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

Dated: March 22, 1995.

Patricia W. Silvey,

Director, Office of Standards, Regulations and Variances.

[FR Doc. 95-7647 Filed 3-28-95; 8:45 am]

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