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. Sidney Coal Company, Inc.

[Docket No. M-96-98-C]

Sidney Coal Company, Inc., 115 North Big Creek Road, P.O. Box 299,

Sidney, Kentucky 41564 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) for its Sidney Coal Company, No. 1

Preparation Plant (I.D. No. 15-09724) and their subsidiaries: The Black

Diamond Coal Company, Mine No. 1 (I.D. No. 15-17356); Clean Energy

Mining Company, Mine No. 1 (I.D. No. 15-10753); Freedom Energy Mining

Company, No. 1 Mine (I.D. No. 15-07082); Rockhouse Energy Mining

Company, Mine No. 1 (I.D. No. 15-17651); and Solid Energy Mining

Company, Mine No. 1 (I.D. No. 15-07475) all located in Pike County,

Kentucky. The petitioner proposes to use a diesel generator to move

equipment in and out of its underground mines. The petitioner asserts

that the proposed alternative method would provide at least the same

measure of protection as would the mandatory standard.

2. Dominion Coal Corporation

[Docket No. M-96-99-C]

Dominion Coal Corporation, P.O. Box 70, Vansant, Virginia 24656 has

filed a petition to modify the application of 30 CFR 75.360(a)(1)

(preshift examination) to its Dominion No. 7 Mine (I.D. No. 44-06499)

VA MI #13963AA, Dominion No. 8 Mine (I.D. No. 44-06555) VA MI #14024AA,

Dominion No. 16 Mine (I.D. No. 44-06643) VA MI #14160AA, Dominion No.

21 Mine (I.D. No. 44-06644) VA MI #14161AA, Dominion No. 22 Mine (I.D.

No. 44-06645) VA MI #14162AA, Dominion No. 30 Mine (I.D. No. 44-06748)

VA MI #14293AD, Dominion No. 35 Mine (I.D. No. 44-06793) VA MI

#14353AC, and its Dominion 36B Mine (I.D. No. 44-06759) VA MI #14314AA

all located in Buchanan County, Virginia. The petitioner proposes to

have a certified person designated by the operator make a preshift

examination within 3 hours preceding the beginning of any 8\1/2\ hour

interval during which any person is scheduled to work or travel

underground. The petitioner asserts that the proposed alternative

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

the mandatory standard.

3. Dominion Coal Corporation

[Docket No. M-96-100-C]

Dominion Coal Corporation, P.O. Box 70, Vansant, Virginia 24656 has

filed a petition to modify the application of 30 CFR 75.388 (boreholes

in advance of mining) to its Dominion No. 7 Mine (I.D. No. 44-06499) VA

MI #13963AA, Dominion No. 8 Mine (I.D. No. 44-06555) VA MI #14024AA,

Dominion No. 16 Mine (I.D. No. 44-06643) VA MI #14160AA, Dominion No.

21 Mine (I.D. No. 44-06644) VA MI #14161AA, Dominion No. 22 Mine (I.D.

No. 44-06645) VA MI #14162AA, Dominion No. 30 Mine (I.D. No. 44-06748)

VA MI #14293AD, Dominion No. 35 Mine (I.D. No. 44-06793) VA MI

#14353AC, and its Dominion 36B Mine (I.D. No. 44-06759) VA MI #14314AA,

all located in Buchanan County, Virginia. The petitioner proposes to

take cuts from a 50-foot barrier block of coal created by parallel

paneling without test drilling each individual cut taken. The

petitioner asserts that the proposed alternative method would provide

at least the same measure of protection as would the mandatory

standard.

4. Dominion Coal Corporation

[Docket No. M-96-101-C]

Dominion Coal Corporation, P.O. Box 90, Vansant, Virginia 24656 has

filed a petition to modify the application of 30 CFR 75.501-2(a)(2)

(permissible electric face equipment) to its Dominion No. 7 Mine (I.D.

No. 44-06499) VA MI #13963AA, Dominion No. 8 Mine (I.D. No. 44-06555)

VA MI #14024AA, Dominion No. 16 Mine (I.D. No. 44-06643) VA MI

#14160AA, Dominion No. 21 Mine (I.D. No. 44-06644) VA MI #14161AA,

Dominion No. 22 Mine (I.D. No. 44-06645) VA MI #14162AA, Dominion No.

30 Mine (I.D. No. 44-06748) VA MI #14293AD, Dominion No. 35 Mine (I.D.

No. 44-06793) VA MI #14353AC, and its Dominion 36B Mine (I.D. No. 44-

06759) VA MI #14314AA, all located in Buchanan County, Virginia. The

petitioner requests relief from the requirement that hand-held battery-

powered drills taken inby the last open crosscut or returns for use in

drilling holes in the mine roof for installing survey spads be

permissible. 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.

5. CONSOL of Kentucky, Inc.

[Docket No. M-96-102-C]

CONSOL of Kentucky, Inc., has filed a petition to modify the

application of 30 CFR 75.1101-8 to its Mill Creek E-3 Mine (I.D. No.

15-17720) located in Letcher County, Kentucky. The petitioner proposes

to use a single overhead pipe system with \1/2\-inch orifice automatic

sprinklers located on 10-foot centers, to cover 50 feet of fire-

resistant belt or 150 feet of non-fire-resistant belt, with actuation

temperatures between 200 and 250 degrees Fahrenheit, and with water

pressure equal to or greater than 10 psi. The sprinklers would be

located to discharge water over the belt drive, belt take-up,

electrical control, and gear reducing unit. The petitioner asserts that

the proposed alternative method would provide at least the same measure

of protection as would the mandatory standard.

6. Left Fork Mining, Inc.

[Docket No. M-96-103-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 systems installation; minimum

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

located in Bell County, Kentucky. The petitioner proposes to use one

carbon monoxide monitoring device to monitor a belt head and tail piece

when located adjacent to each other. The petitioner is presently using

the Pyott-Boone Model 950 Monitor and Control system instead of the

conventional heat type sensors. The petitioner states that the

monitoring device would be located at each belt and tail piece and at

intervals not to exceed 2,000 feet along each conveyor belt

[[Page 57459]]

entry. The petitioner asserts that the elimination of an additional

monitor would not diminish the safety of 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.

7. Little Buck Coal Company

[Docket No. M-96-105-C]

Little Buck Coal Company, RR 4, Box 395, Pine Grove, Pennsylvania

17963 has filed a petition to modify the application of 30 CFR 75.1400

(hoisting equipment; general) to its No. 3 Slope (Buck Mountain Vein)

(I.D. No. 36-08568) located in Schuylkill County, Pennsylvania. The

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

the 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.

8. S & M Coal Company

[Docket No. M-96-106-C]

S & M Coal Company, 189 North Street, Lykens, Pennsylvania 17048

has filed a petition to modify the application of 30 CFR 75.1002-1

(location of other electrical equipment; requirements for

permissibility) to its Buck Mountain Slope (I.D. No. 36-02022) located

in Daupin County, Pennsylvania. The petitioner requests a modification

of the standard to permit use of nonpermissible electric equipment

within 150 feet of the pillar line due in part to the method of mining

used in pitching anthracite mines. As an alternative, the petitioner

proposes to evaluate the mine air quality for methane on an hourly

basis during operation and record one of the gas test results in the

on-shift examination record. The petitioner also proposes to suspend

equipment operation anytime the methane concentration at the equipment

reaches 0.5 percent or when found 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.

9. Old Ben Coal Company

[Docket No. M-96-107-C]

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

62208 has filed a petition to modify the application of 30 CFR 75.350

(air courses and belt haulage entries) to its Ziegler No. 11 Mine (I.D.

No. 11-02408) located in Randolph County, Illinois. The petitioner

proposes to use the split-tail system of face ventilation allowing the

belt to be blended with the air to the faces from the intake entries.

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.

10. Maple Creek Mining, Inc.

[Docket No. M-96-108-C]

Maple Creek Mining, Inc., P.O. Box 517, 981 Route 917,

Bentleyville, Pennsylvania 15314 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 Maple Creek

Mine (I.D. No. 36-00970) located in Washington County, Pennsylvania.

The petitioner requests that Item 24 of the MSHA Proposed Decision and

Order for its previously granted Petition for Modification, Docket No.

M-95-029-C, be amended to read as follows: The maximum width of

longwall panels shall not exceed 1,000 feet and maximum length shall

not exceed 14,000 feet. The petitioner asserts that the proposed

alternative method would provide at least the same measure of

protection as would the mandatory standard.

11. The Ohio Valley Coal Company

[Docket No. M-96-109-C]

The Ohio Valley Coal Company, 56854 Pleasant Ridge Road, Alledonia,

Ohio 43902 has filed a petition to modify the application of 30 CFR

75.364 (weekly examinations) to its Powhatan No. 6 Mine (I.D. No. 33-

01159) located in Belmont County, Ohio. Due to deteriorating roof and

riblines in certain areas of the mine, the area cannot be traveled

safely. The petitioner proposes to establish evaluations stations to

monitor the affected area; to have a certified person to: (1) Test the

evaluation stations on a weekly basis to determine the volume of air,

and methane and oxygen concentrations; and (2) record on a date board

located at each checkpoint the initials of the examiner and the date

and time of the examination; and to maintain the air measurement

stations in a safe and travelable condition. The petitioner asserts

that the proposed alternative method would provide at least the same

measure of protection as would the mandatory standard.

12. Harlan Cumberland Coal Company

[Docket No. M-96-110-C]

Harlan Cumberland Coal Company, Grays Knob, Kentucky 40829 has

filed a petition to modify the application of 30 CFR 75.1711-2 (sealing

of slope or drift openings) to its D-1 Mine (I.D. No. 15-08415) located

in Harlan County, Kentucky. The petitioner proposes to use the water

that has filled the mine and that is flowing out of the fan entry at

approximately 50 gallons per minute in conjunction with barricades, as

an alternative to filling slope and drift openings with incombustible

material. The petitioner asserts that the proposed alternative method

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

mandatory standard.

13. CONSOL of Kentucky, Inc.

[Docket No. M-96-111-C]

CONSOL of Kentucky, Inc., Consol Plaza, 1800 Washington Road,

Pittsburgh, Pennsylvania 15241 has filed a petition to modify the

application of 30 CFR 75.1101-8 (water sprinkler systems; arrangement

of sprinklers) to its Loves Branch H-4 (I.D. No. 15-17814) located in

Letcher County, Kentucky. The petitioner proposes to use a single

overhead pipe system with \1/2\-inch orifice automatic sprinklers

located on 10-foot centers, to cover 50 feet of fire-resistant belt or

150 feet of nonfire- resistant belt, with actuation temperatures

between 200 and 230 degrees Fahrenheit, and with water pressure equal

to or greater than 10 psi. The sprinklers would be located to discharge

water over the belt drive, belt take-up, electrical control, and gear

reducing unit. The petitioner asserts that the proposed alternative

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

the mandatory standard.

14. K & M Coal Company, Inc.

[Docket No. M-96-112-C]

K & M Coal Company, Inc., H.C. 73, Box 194, Barbourville, Kentucky

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

(methane monitors) to its No. 18 Mine (I.D. No. 15-17823) 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

type buckets. The petitioner asserts that this petition for

modification is

[[Page 57460]]

based on the safety of the miners involved.

15. Jackstone Coal Company

[Docket No. M-96-113-C]

Jackstone Coal Company, 21 Wood Street, Pine Grove, Pennsylvania

17963 has filed a petition to modify the application of 30 CFR 75.335

(construction of seals) to its Buck Mountain Slope (I.D. No. 36-01889)

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 the 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.

16. Jackstone Coal Company

[Docket No. M-96-114-C]

Jackstone Coal Company, 21 Wood Street, Pine Grove, Pennsylvania

17963 has filed a petition to modify the application of 30 CFR 75.360

(preshift examination) to its Buck Mountain Slope (I.D. No. 36-01889)

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

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.

17. Jackstone Coal Company

[Docket No. M-96-115-C]

Jackstone Coal Company, 21 Wood Street, Pine Grove, Pennsylvania

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

75.364(b) (1), (4), and (5) (weekly examinations) to its Buck Mountain

Slope (I.D. No. 36-01889) 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 throughly 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.

18. Jackstone Coal Company

[Docket No. M-96-116-C]

Jackstone Coal Company, 21 Wood Street, Pine Grove, Pennsylvania

17963 has filed a petition to modify the application of 30 CFR 75.1100-

2 (quantity and location of firefighting equipment) to its Buck

Mountain Slope (I.D. No. 36-01889) 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.

19. Jackstone Coal Company

[Docket No. M-96-117-C]

Jackstone Coal Company, 21 Wood Street, Pine Grove, Pennsylvania

17963 has filed a petition to modify the application of 30 CFR 75.1200

(d) & (i) (mine map) to its Buck Mountain Slope (I.D. No. 36-01889)

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

tunnels. The petitioner asserts that the proposed alternative method

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

mandatory standard.

20. Jackstone Coal Company

[Docket No. M-96-118-C]

Jackstone Coal Company, 21 Wood Street, 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 Buck

Mountain Slope (I.D. No. 36-01889) 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.

21. Utah Fuel Company

[Docket No. M-96-119-C]

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

petition to modify the application of 30 CFR 75.360(b)(9) (preshift

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 proposes to continuously monitor electrical

installations for carbon monoxide or temperature rather than conduct

preshift examinations and to physically examine these installations for

other hazardous conditions at least weekly; and to have the miners

entering these areas certified and conduct an examination for

themselves or to have a certified person examine the areas prior to

other employees entering these areas. The petitioner asserts that the

proposed alternative method would provide at least the same measure of

protection as would the mandatory standard.

22. Red Baron, Inc.

[Docket No. M-96-120-C and M-96-121-C]

Red Baron, Inc., P.O. Box 728, Rosedale, Virginia 24280 has filed a

petition to modify the application of 30 CFR 75.1710-1 (canopies or

cabs; self-propelled electric face equipment; installation

requirements) to its Mine No. 3 (I.D. No. 44-06758) VA MI #14313AC, and

its Mine No. 1 (I.D. No. 44-06719) VA MI #14259AD, both located in

Buchanan County, Virginia. The petitioner proposes to operate self-

propelled electric face equipment without cabs or canopies in seam

heights of 48 inches or less. The petitioner states that application of

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

operator.

23. Keystone Coal Mining Corporation

[Docket No. M-96-122-C]

Keystone Coal Mining Corporation, P.O. Box 729, Indiana,

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

CFR 75.364(b)(1) (weekly examinations) to its Urling No. 1 Mine (I.D.

No. 36-04852) located in Indiana County, Pennsylvania. Due to hazardous

conditions in the intake air course between the 002 air seals and the 2

right air seals, the area cannot be

[[Page 57461]]

traveled safely to make weekly examinations. The petitioner proposes to

establish two monitoring stations to evaluate the affected area; to

post a sign in an adjacent travel entry indicating the safe travel

route to each monitoring station; to have a certified person conduct

weekly examinations at each of the monitoring station to measure the

quantity and quality of air entering or exiting the monitoring station;

to post at each monitoring station, a diagram showing the normal

quantity and quality of methane, oxygen measurements, and the direction

of the air flow; to have the examiner record their initials, date and

time of examinations on a date board provided at the monitoring

stations; and to record the results of the tests in a weekly

examination book kept on the surface and made available to all

interested parties. The petitioner asserts that the proposed

alternative method would provide at least the same measure of

protection as would the mandatory standard.

24. Eagle Coal Company

[Docket No. M-96-123-C]

Eagle Coal Company, P.O. Box 399, Lovely, Kentucky 41231 has filed

a petition to modify the application of 30 CFR 75.388(3) to its Mine

No. 2 (I.D. No. 15-16724) located in Martin County, Kentucky. The

petitioner requests a variance to mine adjacent to old works leaving a

50-foot unmined barrier without boring test holes within 200 feet of

old works at all times. The petitioner states that Beech Fork

Processing, Inc. is in the process of permitting a boundary of coal

adjacent to the Eagle Coal Company's No. 2 Mine; that check survey

controls and conventional levels was maintained by Abbott Engineering,

Inc., at the Eagle No. 2 Mine and would be maintained at the proposed

new mine; and that underground surveys at the Eagle No. 2 Mine are tied

into permanent outside control stations and would be ran to the

proposed new mine face-up from these common control stations. Because

this is the same mining company and the same engineering company,

essentially using the same control surveys in the same seam of coal,

the petitioner requests that the mandatory standard be waived or

modified for the new mine. The petitioner asserts that the proposed

alternative method would provide at least the same measure of

protection as would the mandatory standard.

25. Akzo Salt, Inc.

[Docket No. M-96-02-M]

Azko Salt, Inc., P.O. Box 6920, Cleveland, Ohio 44101 has filed a

petition to modify the application of 30 CFR 57.19109 to its Cleveland

Mine (I.D. No. 33-01994) located in Cuyahoga County, Ohio. The

petitioner requests a modification of the standard to allow regular

inspections of the production lined-shaft prior to all maintenance

assignments instead of providing additional overhead protection,

regarding Citation No. 4546277 of January 29, 1996. The petitioner

asserts that the proposed alternative method would provide at least the

same measure of protection as would the mandatory standard.

26. Tintic Utah Metals LLC (formerly Chief Consolidated Mining

Company)

[Docket No. M-96-03-M]

Tintic Utah Metals LLC, P.O. Box 51, Eureka, Utah 84628 has filed a

petition to modify the application of 30 CFR 57.19054 to its Burgin

Mine (I.D. No. 42-00148) located in Utah County, Utah. The petitioner

requests a variance from the standard. The petitioner was issued

Citation No. 3908636 on June 17, 1996, which stated that the guide

ropes used on the Apex No. 2 Auxiliary Emergency hoist conveyance was

not of a lock coil construction. The petitioner requests modification

of the standard to allow the use of non-lock coil ropes on their

emergency hoist. The primary and sole purpose of the hoist is an

emergency hoist; it is used infrequently, and inspected and maintained

regularly. The petitioner states that the safety of the miners would

not be enhanced by installing lock coil construction rope guides. In

addition, 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 December 6, 1996.

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

Dated: October 29, 1996.

Patricia W. Silvey,

Director, Office of Standards, Regulations, and Variances.

[FR Doc. 96-28463 Filed 11-5-96; 8:45 am]

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