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. C&B Mining Company

[Docket No. M-95-39-C]

C&B Mining, R.D. #2, Box 861, Coal Township, Pennsylvania 17866 has

filed a petition to modify the application of 30 CFR 75.335

(construction of seals) to its No. 2 Vein Slope (I.D. No. 36-07813)

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. C&B Mining Company

[Docket No. M-95-40-C]

C&B Mining, R.D. #2, Box 861, Coal Township, Pennsylvania 17866 has

filed a petition to modify the application of 30 CFR 75.360 (preshift

examination) to its No. 2 Vein Slope (I.D. No. 36-07813) 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 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.

3. C&B Mining Company

[Docket No. M-95-41-C]

C&B Mining, R.D. #2, Box 861, Coal Township, Pennsylvania 17866 has

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

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

Slope (I.D. No. 36-07813) 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. C&B Mining Company

[Docket No. M-95-42-C]

C&B Mining, R.D. #2, Box 861, Coal Township, Pennsylvania 17866 has

filed a petition to modify the application of 30 CFR 75.1200 (d) & (i)

(mine map) to its No. 2 Vein Slope (I.D. No. 36-07813) 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. C&B Mining Company

[Docket No. M-95-43-C]

C&B Mining, R.D. #2, Box 861, Coal Township, Pennsylvania 17866 has

filed a petition to modify the application of 30 CFR 75.1202-1(a)

(temporary notations, revisions, and supplements) to its No. 2 Vein

Slope (I.D. No. 36-07813) 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. Kerr-McGee Coal Corporation

[Docket Nos. M-95-44-C and M-95-45-C]

Kerr-McGee Coal Corporation, P.O. Box 727, Harrisburg, Illinois

62946 has filed petitions to modify the application of 30 CFR 75.503

(permissible electric face equipment; maintenance) to its Galatia No.

56-1 Mine (I.D. No. 11-02752) located in Saline County, Illinois. The

petitioner proposes to use trailing cables to supply power to the

Fletcher single boom roof bolter, Model No. CDR-13-EC-F, Approval No.

2G-2674A-4, and all updated approval extensions of this equipment as

applicable. The petitioner requests that Item 1 of its petitions for

modification and MSHA's Proposed Decisions and Orders for granted

petitions, docket number M-91-12-C and M-94-53-C be amended. The

petitioner asserts that [[Page 18148]] this request would facilitate

equipment replacement or additions while maintaining the protection

intended in the Decision and Order.

7. Roberts Brothers Coal Company, Inc.

[Docket No. M-95-46-C]

Roberts Brothers Coal Company, P.O. Box 397, Mortons Gap, Kentucky

42440 has filed a petition to modify the application of 30 CFR

75.901(a) (protection of low- and medium-voltage three-phase circuits

used underground) to its Cardinal No. 2 Mine (I.D. No. 15-17216)

located in Hopkins County, Kentucky. The petitioner proposes to operate

its Diesel Powered Generator (DPG) without an earth referenced ground.

As an alternative, the petitioner proposes to use resistors, ground

fault relays and trips, and SHD-GC shielded cable. In addition, the

skid base of the DPG will provide some earth ground protection. The

petitioner states that this diesel powered generator provides power to

different areas of the mine and to attach a grounding conductor to the

earth referenced ground system would reduce mobility and effectiveness

of the unit. The petitioner asserts that the proposed alternative

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

the mandatory standard.

8. Jordan Coal Company

[Docket No. M-95-47-C]

Jordan Coal Company, 133 E. Academy Street, 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. 36-07681) 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.

9. Eastern Associated Coal Corporation

[Docket No. M-95-48-C]

Eastern Associated Coal Corporation, 800 Laidley Tower, P.O. Box

1233, Charleston, West Virginia 25324 has filed a petition to modify

the application of 30 CFR 75.380(f)(1) (escapeways; bituminous and

lignite mines) to its Lightfoot No. 1 Mine (I.D. No. 46-04332) located

in Boone County, West Virginia. The petitioner proposes to ventilate

on-board charging of batteries with a current of air coursed directly

into the return air course; to use intake air to ventilate the scoop

batteries that is of sufficient velocity to prevent smoke rollback or

airflow reversal during a fire on the scoop and the accumulation of

explosives gases; to install carbon monoxide sensors that are part of

the AMS System over the battery charging unit; to install a mandoor in

the permanent stopping behind the battery charger unit that would

automatically open the mandoor in the event of a fire. The petitioner

asserts that the proposed alternative method would provide at least the

same measure of protection as would the mandatory standard.

10. Cross Mountain Coal, Inc.

[Docket No. M-95-49-C]

Cross Mountain Coal, Inc., 100 Coal Drive, London, Kentucky 40741

has filed a petition to modify the application of 30 CFR 75.350

(aircourse and belt haulage entries) to its Mine No. 10 (I.D. No. 40-

03082) located in Anderson County, Tennessee. The petitioner proposes

to use the air in the belt entry to ventilate active working places; to

examine the belt conveyor entry at least once during each coal

producting shift at intervals that would be most effective while miners

are working; to follow all other MSHA fire protection requirements,

especially those pertaining to water lines, fire hoses, fire

suppression systems, warning devices, and flame-resistant belting; and

to install a low-level carbon monoxide detection system in all belt

entries used as intake air courses as an early warning fire detection

system. The petitioner asserts that the proposed alternative method

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

mandatory standard.

11. Cross Mountain Coal, Inc.

[Docket No. M-95-50-C]

Cross Mountain Coal, Inc., 100 Coal Drive, London, Kentucky 40741

has filed a petition to modify the application of 30 CFR 75.1103-4

(automatic fire sensor and warning device systems; installation;

minimum requirements) to its Mine No. 10 (I.D. No. 40-03082) located in

Anderson County, Tennessee. The petitioner proposes to install a low-

level carbon monoxide detection system as an early warning fire

detection system in all belt entries where a monitoring system would

identify 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.

12. Leeco, Inc.

[Docket No. M-95-51-C]

Leeco, Inc., 100 Coal Drive, London Kentucky 40741 has filed a

petition to modify the application of 30 CFR 75.364(b)(4) (weekly

examination) to its Mine No. 62 (I.D. No. 15-16412) located in Perry

County, Kentucky. Due to flooding and other hazardous conditions in

Seals Nos. 1 and 2, traveling the affected areas would be unsafe. As an

alternative, the petitioner proposes to establish evaluations points

and to perform weekly examinations. The petitioner states that

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

the miners.

13. Peabody Coal Company

[Docket No. M-95-52-C]

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

Kentucky 42420 has filed a petition to modify the application of 30 CFR

75.364(b) (weekly examination) to its Camp No. 1 Mine (I.D. No. 15-

02709) located in Union County, Kentucky. The petitioner requests that

MSHA's Proposed Decision and Order, docket number M-93-06-C be amended

to eliminate coverage of the 1 South seals, 2 South seals, 3 South

seals, 4 South seals, and 1 West seals off the 1 Submain North in the

Decision because these areas have been sealed since the previous

petition was granted.

14. Holnam, Inc.

[Docket No. M-95-04-M]

Holnam, Inc., 3500 Highway 120, P.O. Box 349, Florence, Colorado

81226 has filed a petition to modify the application of 30 CFR 56.6901

(black powder) to its Portland Quarry (I.D. No. 05-00037) located in

Fremont County, Colorado. The petitioner proposes to destroy model

rocket engines containing black powder and desensitized black powder

sweepings in blast holes. The petitioner asserts that the proposed

alternative method would provide at least the same measure of

protection as would the mandatory standard.

15. Asbury Graphite Mills, Inc.

[Docket No. M-95-05-M]

Asbury Graphite Mills, Inc., R.D. #7, Box 1, Kittanning,

Pennsylvania 16201 has filed a petition to modify the application of 30

CFR 56.14101 (brakes) to its Kittanning Plant (I.D. No. 36-

[[Page 18149]] 07653) located in Armstrong County, Pennsylvania. The

petitioner proposes to install hydraulic micro lever locks on three of

its Yale Forklift Trucks instead of standard parking brakes due to

specific situations and concerns outlined in their petition that reduce

the effectiveness of standard pad and drum parking brakes. The

petitioner asserts that the proposed alternative method would provide

at least the same measure of protection as would the mandatory

standard.

16. Tg Soda Ash, Inc.

[Docket No. M-95-06-M]

Tg Soda Ash, Inc., P.O. Box 100, Granger, Wyoming 82934 has filed a

petition to modify the application of 30 CFR 57.22215 (separation of

intake and return air (I-A, II-A, III, and V-4 mines)) to its Wyoming

Soda Ash Operations (I.D. No. 48-00639) located in Sweetwater County,

Wyoming. The petitioner proposes to use controlled district

recirculation of mine air to improve mine ventilation and the quality

of the miner's work environment by providing an excessive airflow to

dilute and carry away dust, methane, and diesel fumes from the mining

and abandoned areas of the mine. The petitioner states that this

recirculation fan system would be inspected during each operating shift

on a weekly basis and that weekly examination results would be included

in the weekly ventilation report which would be kept on the surface;

that the fan would be monitored and the monitors checked for proper

operation on a weekly basis by a qualified person; that mine personnel

would be familiarized and trained on the recirculation system,

monitoring requirements, and emergency escape procedures; and that its

emergency plan would be updated to include the controlled recirculation

system. 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 May 10, 1995. Copies

of these petitions are available for inspection at that address.

Dated: April 3, 1995.

Patricia W. Silvey,

Director, Office of Standards, Regulations and Variances.

[FR Doc. 95-8690 Filed 4-7-95; 8:45 am]

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