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. Old Ben Coal Company

[Docket No. M-96-72-C]

Old Ben Coal Company, 50 Jerome Lane, Fairview Heights, Illinois

62208 has filed a petition to modify the application of 30 CFR

75.382(a) (mechanical escape facilities) to its Spartan Mine (I.D. No.

11-00612) located in Randolph County, Illinois. The petitioner submits

this modification to requests permission to continue using its existing

escape facilities in both the material and belt slopes. The petitioner

asserts that the proposed alternative method would provide at least the

same measure of protection as would the mandatory standard.

2. Left Fork Mining, Inc.

[Docket No. M-96-73-C]

Left Fork Mining, Inc., P.O. Box 405, Arjay, Kentucky 40902 has

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

(automatic fire sensor and warning device system; minimum requirements

general) to its Straight Creek No. 1 Mine (I.D. No. 15-12564) located

in Bell County, Kentucky. The petitioner requests a modification of the

standard to allow the use of one carbon monoxide monitoring device for

monitoring a belt head and tailpiece when located adjacent to each

other. The petitioner asserts that the proposed alternative method

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

mandatory standard.

3. Boone Resources, Inc.

[Docket No. M-96-74-C]

Boone Resources, Inc., P.O. Box 1005, Alabaster, Alabama 35007 has

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

gas wells) to its No. 1 Mine (I.D. No. 01-02908) located in Shelby

County, Alabama. The petitioner proposes to plug and mine through oil

and gas wells. The petitioner asserts that the proposed alternative

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

the mandatory standard.

4. Cumberland Resources Corporation

[Docket No. M-96-75-C]

Cumberland Resources Corporation, 9100 East Mineral Circle, P.O.

Box 3299, Englewood, Colorado 80155-3299 has filed a petition to modify

the application of 30 CFR 75.1103-4(a) (automatic fire sensor and

warning device systems; installation minimum requirements) to its

Cumberland Mine (I.D. No. 36-05018) located in Greene County,

Pennsylvania. The petitioner proposes to install a low-level carbon

monoxide detection system as an early warning fire detection system in

all belt entries used as intake air courses. The petitioner asserts

that the proposed alternative method would provide at least the same

measure of protection as would the mandatory standard.

5. Franklin Collieries Inc.

[Docket No. M-96-76-C]

Franklin Collieries, Inc., Box 3875, Route 1498, Bevinsville,

Kentucky 41606 has filed a petition to modify the application of 30 CFR

75.342 (methane monitors) to its No. 1 Mine (I.D. No. 15-16667) located

in Knott County, Kentucky. The petitioner proposes to use hand-held

continuous-duty methane and oxygen detectors on battery powered scoops

instead of machine mounted methane monitors. The petitioner states that

this petition is based on the safety of the miners and not primarily an

economic advantage or benefit.

6. Daves Branch, Inc.

[Docket No. M-96-77-C]

Daves Branch, Inc., P.O. Box 249, Stanville, Kentucky 41659 has

filed a petition to modify the application of 30 CFR 75.342 (methane

monitors) to its Mine No. 4 (I.D. No. 15-16218) located in Knott

County, Kentucky. The petitioner proposes to use hand-held methane and

oxygen detectors on battery powered scoops instead of machine-mounted

methane monitors. The petitioner states that this petition is based on

the safety of the miners and not primarily an economic advantage or

benefit.

7. Daves Branch, Inc.

[Docket No. M-96-78-C]

Daves Branch, Inc., P.O. Box 249, Stanville, Kentucky 41659 has

filed a petition to modify the application of 30 CFR 75.342 (methane

monitors) to its No. 5 Mine (I.D. No. 15-17637) located in Knott

County, Kentucky. The petitioner proposes to use hand-held continuous-

duty methane and oxygen detectors instead of machine-mounted methane

monitors on battery powered scoops. The petitioner states that this

petition is based on the safety of the miners and not primarily an

economic advantage or benefit.

8. Utah Fuel Company

[Docket No. M-96-79-C]

Utah Fuel Company, P.O. Box 719, Helper, Utah 84526 has filed a

petition to modify the application of 30 CFR 75.362(d)(2) (on-shift

examination) to its Skyline Mine No. 1 (I.D. No. 42-01435) and its

Skyline Mine No. 3 (I.D. No. 42-01566) both located in Carbon County,

Utah. The petitioner requests a modification of the standard to permit

use of a 15-foot extendable probe to measure for methane. The

petitioner asserts that application of the mandatory safety standard

would result in a diminution of safety to the miners.

[[Page 47193]]

9. Bledsoe Coal Corporation

[Docket No. M-96-80-C]

Bledsoe Coal Corporation, 100 Coal Drive, London, Kentucky 40741

has filed a petition to modify the application of 30 CFR 75.360(b)(5)

(preshift examination) to its Mine No. 4 (I.D. No. 15-11065) located in

Leslie County, Kentucky. The petitioner requests a modification of the

standards to allow the use of a Pyott-Boone mine monitor and control

system for monitoring each seal along the intake air course, and to

allow elimination of preshift examinations at seals along the intake

air course. The petitioner proposes to have an atmospheric monitoring

system sensor located at each seal along the intake air course that

would be capable of testing for methane and oxygen deficiency; to

visually examined the seals on a weekly basis; and to identify the

sensor and visually examine the seal if a signal from the atmospheric

monitoring system is activated. The petitioner asserts that the

proposed alternative method would provide at least the same measure of

protection as would the mandatory standard.

10. Kiah Creek Mining Company

[Docket No. M-96-81-C]

Kiah Creek Mining Company, P.O. Box 1409, Pikeville, Kentucky 41502

has filed a petition to modify the application of 30 CFR 75.364(b)(4)

(weekly examination) to its No. 8 Mine (I.D. No. 15-17190) located in

Pike County, Kentucky. Due to deteriorating conditions in the No. 2 and

3 seals, the area cannot be traveled safely. The petitioner proposes to

evaluate the area at the toe of the fall to determine the quantity and

quality of air flowing across the fall and by the seals. The petitioner

asserts that the proposed alternative method would provide at least the

same measure of protection as would the mandatory standard.

11. Drummond Company, Inc.

[Docket No. M-96-82-C]

Drummond Company, Inc., P.O. Box 10246, Birmingham, Alabama 35209

has filed a petition to modify the application of 30 CFR 75.313 (main

mine fan stoppage with persons underground) to its Shoal Creek Mine

(I.D. No. 01-02901) located in Jefferson County, Alabama. The

petitioner requests a modification of the standard to permit an

alternative plan when the main mine fans are operating at 80 percent of

their normal air quantity and pressure in the event that a main mine

fan stops and ventilation is at least 80 percent restored through the

auxiliary diesel drive on the stopped fan, and a minimum of 40,000 cfm

is maintained in the last open crosscut of each continuous miner

section, and 50,000 cfm in the last open crosscut of each long wall

section; to hang a curtain in each place where auxiliary ventilation

was used and have a minimum of 5,000 cfm directed to any working face;

to withdraw all persons from the mine except for those persons

responsible for hanging curtains in places where auxiliary fans and

fire bossing and pumping and, after ventilation is established,

immediately withdraw those persons assigned to hang curtains; to

deenergize underground electric power circuits except for those

necessary to operate the elevator to withdraw persons from the mine and

those who operate the main sump pumps and permissible submersible

pumps; and to deenergize the circuits necessary to withdraw persons as

they are withdrawn. The petitioner asserts that the proposed

alternative method would provide higher level of safety for the

workforce and provide a safer mine environment should a power failure

occur to the main mine fans.

12. G & P Contractors, Inc.

[Docket No. M-96-83-C]

G & P Contractors, Inc., HC 81, Box 2446, Barbourville, Kentucky

40906 has filed a petition to modify the application of 30 CFR 75.342

(methane monitors) to its Engle Hollow No. 1 (I.D. No. 15-17777)

located in Knox County, Kentucky. The petitioner proposes to use hand-

held continuous-duty methane and oxygen indicators instead of machine-

mounted methane monitors on permissible three-wheel tractors with drag

bottom buckets. The petitioner states that this petition is based on

the safety of the miners involved and not primarily an economic

advantage or benefit.

13. G & P Contractors, Inc.

[Docket No. M-96-84-C]

G & P Contractors, Inc., HC 81, Box 2446, Barbourville, Kentucky

40906 has filed a petition to modify the application of 30 CFR 75.342

(methane monitors) to its Engle Hollow No. 2 mine (I.D. No. 15-17778)

located in Knox County, Kentucky. The petitioner proposes to use hand-

held continuous-duty methane and oxygen indicators instead of machine-

mounted methane monitors on permissible three-wheel tractors with drag

bottom buckets. The petitioner states that this petition is based on

the safety of the miners involved and not primarily an economic

advantage or benefit.

14. Murriel Don Coal, Inc.

[Docket No. M-96-85-C]

Murriel Don Coal, Inc., 134 Dixie Building, P.O. Box 3636,

Pikeville, Kentucky 41852 has filed a petition to modify the

application of 30 CFR 75.342 (methane monitors) (I.D. No. 15-17511)

located in Knott County, Kentucky. The petitioner proposes to use hand-

held continuous-duty methane detectors instead of machine-mounted

methane monitors on permissible DC-powered machines, S & S model 482

scoops. The petitioner states that this petition is submitted based not

only from an economic point of view but also from a safety standpoint.

15. Utah Fuel Company

[Docket No. M-96-86-C]

Utah Fuel Company, P.O. Box 719, Helper, Utah 84526 has filed a

petition to modify the application of 30 CFR 75.344(a)(2) (compressors)

to its Skyline No. 1 Mine (I.D. No. 42-01435) and its Skyline No. 3

Mine (I.D. No. 42-01566) located in Carbon County, Utah. The petitioner

requests a modification of the standard to permit the use of audible

and visual alarms to be located at the surface office building where

assigned persons can respond to the alarms instead of at unmanned

locations underground. The petitioner asserts that the application of

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

the miners.

16. Utah Fuel Company

[Docket No. M-96-87-C]

Utah Fuel Company, P.O. Box 719, Helper, Utah has filed a petition

to modify the application of 30 CFR 75.340(a)(1)(iii) to its Skyline

No. 1 Mine (I.D. No. 42-01435) and its Skyline No. 3 Mine (I.D. No. 42-

01566) located in Carbon County, Utah. The petitioner requests a

modification of the standard to permit the use of audible and visual

alarms to be located at the surface office building where assigned

persons can respond to the alarms instead of at unmanned locations

underground. The petitioner asserts that application of the mandatory

safety standard would result in a diminution of safety to the miners.

17. Stephen Shingara Jr. Coal Company

[Docket No. M-96-88-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 75.1400 (hoisting equipment; general) to its No. 1 Slope Mine (I.D.

No. 36-02280) located in Northumberland County, Pennsylvania. The

petitioner proposes

[[Page 47194]]

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.

18. Mountain Coal Company

[Docket No. M-96-89-C]

Mountain Coal Company, P.O. Box 591, Somerset, Colorado 81434 has

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

its West Elk Mine (I.D. No. 05-03672) located in Gunnison County,

Colorado. The petitioner requests a modification of the standard to

allow the use of either two portable fire extinguishers or one fire

extinguisher having at least twice the minimum capacity specified in 30

CFR 75.1100-1(e) 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.

19. Harlan Cumberland Coal Company

[Docket No. M-96-90-C]

Harlan Cumberland Coal Company, Grays Knob, Kentucky 40829 has

filed a petition to modify the application of 30 CFR 75.310(a)(3)

(installation of main mine fans) to its C-2 Mine (I.D. No. 15-07201)

located in Harlan County, Kentucky. The petitioner proposes to have a

person at a location other than at the mine where the fan signal can be

seen or heard while anyone is underground instead of at a surface

location at the mine. The petitioner asserts that the proposed

alternative method would provide at least the same measure of

protection as would the mandatory standard.

20. Roberts Bros. Coal Company, Inc.

[Docket No. M-96-91-C]

Roberts Bros. Coal Company, Inc., P.O. Box 397, Mortons Gap,

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

75.360 (preshift examination) to its Cardinal No. 2 Mine (I.D. No. 15-

17216) located in Hopkins County, Kentucky. The petitioner proposes to

examine electrical installations ``on-shift'' to insure that the

electrical installations are examined throughout the shift instead of

conducting the examinations three hours prior to the oncoming shift.

The petitioner asserts that the proposed alternative method of on-shift

examinations would not diminish the safety of the miners.

21. Eastern Mingo Coal Company

[Docket No. M-96-92-C]

Eastern Mingo Coal Company, P.O. Box 119, Naugatuck, West Virginia

25685 has filed a petition to modify the application of 30 CFR 75.503

(18.41)(f) (permissible electric face equipment; maintenance) to its

Big Branch Mine (I.D. No. 46-05978) located in Mingo 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 accidentally

disengaging while under load. The petitioner states that application of

the mandatory safety standard would result in diminution of safety to

the miners. In addition, petitioner asserts that the proposed

alternative method would provide at least the same measure of

protection as would the mandatory standard.

22. Western Mingo Coal Company

[Docket No. M-96-93-C and M-96-94-C]

Western Mingo Coal Company, P.O. Box 119, Naugatuck, West Virginia

25685 has filed a petition to modify the application of 30 CFR

75.503(18.41)(f) to its Northern Mingo No. 1 Mine (I.D. No. 46-08147)

and its Northern Mingo No. 2 Mine (I.D. No. 46-08369) both located in

Mingo 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 accidentally disengaging while under load. The

petitioner states that application of the 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.

23. Arch of Illinois

[Docket No. M-96-95-C]

Arch of Illinois, P.O. Box 308, Percy, Illinois 62272-0308 has

filed a petition to modify the application of 30 CFR 75.362(d)(1) to

its Conant Mine (I.D. No. 11-02886) located in Perry County, Illinois.

The petitioner proposes to use an intrinsically safe atmospheric

monitoring system (AMS), a Trolex Explosive Gas Sensor Model No. TX3266

or an equivalent AMS, to test for methane before the equipment is

energized, and to continuously detect and test for methane at 20-minute

intervals while the mining equipment is energized in the working face.

This would eliminate personnel exposure to the potential hazards of the

face area during the tests. The petitioner states that application of

the mandatory safety 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.

24. Arch of Illinois

[Docket No. M-96-96-C]

Arch of Illinois, P.O. Box 308, Percy, Illinois 62272-0308 has

filed a petition to modify the application of 30 CFR 75.331(d)(1) to

its Conant Mine (I.D. No. 11-02886) located in Perry County, Illinois.

The petitioner proposes to use a ``blowing'' auxiliary permissible fan

and tubing with the ArchveyorTM System to ventilate the wing cut

face area. The petitioner has outlined in this petition specific

procedures to be followed when utilizing its alternative method. The

petitioner states that application of the mandatory safety 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.

25. Arch of Illinois

[Docket No. M-96-97-C]

Arch of Illinois, P. O. Box 308, Percy, Illinois 62272-0308 has

filed a petition to modify the application of 30 CFR 75.1107-4(a)(1) to

its Conant Mine (I.D. No. 11-02886) located in Percy County, Illinois.

The petitioner proposes to use an operator/technician, the

ArchveyorTM mining system's Program Logic Controlled (PLC)

computer, and the continuous monitoring of the ArchveyorTM mining

system while energized, as a fire suppression device, during secondary

mining. The petitioner proposes to have an operator/technician

continuously stationed at the system's control cab area while the

system is in operation to continuously control and monitor the

ArchveyorTM mining system. The petitioner has outlined in this

petition specific procedures to be followed when utilizing its

alternative method. The petitioner states that application of the

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

miners. In addition, the petitioner asserts that the alternative method

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

mandatory standard.

[[Page 47195]]

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 October 7, 1996.

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

Dated: August 30, 1996.

Patricia W. Silvey,

Director, Office of Standards, Regulations, and Variances.

[FR Doc. 96-22759 Filed 9-5-96; 8:45 am]

BILLING CODE 4510-43-P