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. Mountain Coal Company

[Docket No. M-96-104-C]

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

filed a petition to modify the application of 30 CFR to its West Elk

Mine (I.D. No. 05-03672) located in Gunnison County, Colorado. The

petitioner proposes to use 1,100 feet of 2/0, type SHD-GC cable on

continuous miners, 1,000 feet of #2, type GC cable on roof bolters, and

1,000 feet of #2, type SHD-GC cable on auxiliary face fans. The

petitioner states that the maximum circuit breaker instantaneous

settings for the cables would be 1,500 amperes, 800 amperes and 800

amperes respectively. The petitioner asserts that the proposed

alternative method would provide at least the same measure of

protection as would the mandatory standard.

2. Consol Pennsylvania Coal Company

[Docket No. M-96-124-C]

Consol Pennsylvania Coal Company, Consol Plaza, 1800 Washington

Road, Pittsburgh, Pennsylvania 15241-1421 has filed a petition to

modify the application of 30 CFR 75.313(c)(1) (main mine fan stoppage

with persons underground) to its Enlow Fork Mine (I.D. No. 36-07416)

located in Greene County, Pennsylvania. The petitioner proposes to

evacuate miners if ventilation is not restored within 15 minutes after

a main mine fan stops; to have certified mine examiners remain in the

mine or enter the mine to conduct an examination after the fan has

operated for at least 15 minutes when the fan is restarted and

ventilation is restored; and to have the miners involved in the

examination evacuate to the surface until the examination is complete.

The petitioner asserts that the proposed alternative method would

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

standard.

3. Cannelton Industries, Inc.

[Docket No. M-96-125-C]

Cannelton Industries, Inc., 101 Washington Street, E, Charleston,

West Virginia 25301 has filed a petition to modify the application of

30 CFR 75.362(d)(2) (on-shift examination) to its Mine No. 140 (I.D.

No. 46-08502) located in Kanawha County, West Virginia. The petitioner

proposes to use an extendable 20-foot probe to take methane tests. The

petitioner has outlined in this petition specific procedures to be

followed when using its alternative method. The petitioner states that

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

the miners. The petitioner asserts that the proposed alternative method

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

mandatory standard.

4. Cannelton Industries, Inc.

[Docket No. M-96-126-C]

Cannelton Industries, Inc., 101 Washington Street, E, Charleston,

West Virginia 25301 has filed petition to modify the application of 30

CFR 75.362(d)(2) (on-shift examination) to its Stockton Mine (Portal

No. 1 and No. 130) (I.D. No. 46-06051) located in Kanawha County, West

Virginia. The petitioner proposes to use an extendable 20-foot probe to

take methane tests. The petitioner has outlined in this petition

specific procedures to be followed when using its alternative method.

The petitioner states that application of the standard would result in

a diminution of safety to the miners. The petitioner asserts that the

proposed alternative method would provide at least the same measure of

protection as would the mandatory standard.

5. Martin County Coal Corporation

[Docket No. M-96-127-C]

Martin County Coal Corporation, P.O. Box 5002, Inez, Kentucky 41224

has filed a petition to modify the application of 30 CFR 75.310(a)(2)

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

17330), 1-C Mine (I.D. No. 15-03752), White Cabin Number One Mine (I.D.

No. 15-17531), White Cabin Number Two Mine (I.D. No. 15-17787), Pilgrim

Mine Number Three (I.D. No. 15-17359), and its Voyager Mine Number Two

(I.D. No. 15-17639) all located in Martin County, Kentucky. The

petitioner proposes to implement an audible or visual warning system

using technological redundancies to assure that a main mine fan signal

attracts the attention of a responsible person on mining property

instead of having a person stationed near the main mine fan; and to

have a system that would immediately warn persons underground of a fan

stoppage or slow down. The petitioner asserts that the proposed

alternative method would provide at least the same measure of

protection as would the mandatory standard.

6. Harman Mining Corporation

[Docket No. M-96-128-C]

Harman Mining Corporation, P.O. Box 260, Maxie, Virginia 24628 has

filed a petition to modify the application of 30 CFR 75.364(a)(1)

(weekly examination) to its 1-A Mine (I.D. No. 44-06500) located in

Buchanan County, Virginia. Due to deterioration of roof and ribs

conditions, traveling certain areas of the intake air course would be

unsafe. The petitioner proposes to establish and maintain two

ventilation check points that would be examined each shift by a

certified person to be sure that the air is traveling in its proper

direction; to record the quantity of air, methane, and oxygen readings;

to have adequately supported roof in the area where traveling to the

check points; to have the examiner record the date, time, and their

initials on a date board and made available to interested parties. The

petitioner states that application of the standard would result in a

diminution of safety to the miners. The petitioner asserts that the

proposed alternative method would provide at least the same measure of

protection as would the mandatory standard.

7. Straight Creek Mining, Inc.

[Docket No. M-96-129-C]

Straight Creek Mining, Inc., Box 191, Clairfield, Tennessee 37715

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

(preshift examination) to its Mine No. 1 (I.D. No. 40-02353) located in

Clairborne County, Tennessee. The petitioner proposes to make a

preshift examination within 2\1/2\ hours prior to the shift starting

and continue the working shift for 8\1/2\ hours without an additional

preshift examination. The petitioner asserts that the proposed

alternative method would enhance the safety of the miners.

8. Yellow Creek Corporation

[Docket No. M-96-130-C]

Yellow Creek Corporation, P.O. Box 198, Corbin, Kentucky 40702 has

filed a petition to modify the application of 30 CFR 75.380(f)(4)(i)

(escapeways; bituminous and lignite mines) to its No.

[[Page 64373]]

2 Mine (I.D. No. 15-16510) located in Whitley County, Kentucky. The

petitioner proposes to install two five pound or one ten pound portable

chemical fire extinguisher in the operator deck of each Mescher Tractor

operated at the mine; to have the fire extinguisher readily accessible

to the operator; to have the equipment operator inspect each fire

extinguisher daily and keep records of the inspections; and to replace

the fire extinguisher if found to be defective. The petitioner asserts

that the proposed alternative method is based on the safety of the

miners involved at the mine.

9. Hut Coal Company, Inc.

[Docket No. M-96-131-C]

Hut Coal Company, Inc., P.O. Box 194, Siler, Kentucky 40763 has

filed a petition to modify the application of 30 CFR 75.380(f)(4)(i)

(escapeways; bituminous and lignite mines) to its No. 1 Mine (I.D. No.

15-17126) located in Whitley County, Kentucky. The petitioner proposes

to install two five pound or one ten pound portable chemical fire

extinguisher in the operator deck of each Mescher Tractor operated at

the mine; to have the fire extinguisher readily accessible to the

operator; to have the equipment operator inspect each fire extinguisher

daily and keep records of the inspections; and to replace the fire

extinguisher if found to be defective. The petitioner asserts that the

proposed alternative method is based on the safety of the miners

involved at the mine.

10. Canfield Energy, Inc.

[Docket No. M-96-132-C]

Canfield Energy, Inc., P.O. Box 1021, Barbourville, Kentucky 40906

has filed a petition to modify the application of 30 CFR

75.380(f)(4)(i) (escapeways; bituminous and lignite mines) to its No. 3

Mine (I.D. No. 15-14730) located in Knox County, Kentucky. The

petitioner proposes to install two five pound or one ten pound portable

chemical fire extinguisher in the operator deck of each Mescher Tractor

operated at the mine; to have the fire extinguisher readily accessible

to the operator; to have the equipment operator inspect each fire

extinguisher daily and keep records of the inspections; and to maintain

a sufficient number of fire extinguishers at the mine in case a

defective fire extinguisher needs to be replaced. The petitioner

asserts that the proposed alternative method is based on the safety of

the miners involved at the mine.

11. Summit Anthracite, Inc.

[Docket No. M-96-133-C]

Summit Anthracite, Inc., RD #1, Box 12-A, Klingerstown,

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

CFR 75.340 (underground electrical installations) to its Tracey Vein

Slope (I.D. No. 36-07328) located in Schuylkill County, Pennsylvania.

The petitioner requests a modification of the standards to permit

battery charging of the mine's locomotive during idle periods when all

miners are out of the mine; and to permit the intake air used to

ventilate the charging station located at the No. 1 Chute of the active

gangway level to 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. Canfield Energy, Inc.

[Docket No. M-96-134-C]

Canfield Energy, Inc., P.O. Box 1021, Barbourville, Kentucky 40906

has filed a petition to modify the application of 30 CFR

75.380(f)(4)(i) (escapeway; bituminous and lignite mines) to its No. 4

Mine (I.D. No. 15-17716) located in Knox County, Kentucky. The

petitioner proposes to install two five pound or one ten pound portable

chemical fire extinguisher in the operator deck of each Mescher Tractor

operated in the primary escapeway at the mine; to have the fire

extinguisher readily accessible to the operator; to have the equipment

operator inspect each fire extinguisher daily and keep records of the

inspections; and to maintain a sufficient number of fire extinguishers

at the mine in case a defective fire extinguisher needs to be replaced.

The petitioner asserts that the proposed alternative method is based on

the safety of the miners involved at the mine.

13. D.J.T. Coal Company

[Docket No. M-96-135-C]

D.J.T. Coal Company, R.D. #4, Box 358-d, 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 D.J.T.

Slope (I.D. No. 36-08454) 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.

14. D.J.T. Coal Company

[Docket No. M-96-136-C]

D.J.T. Coal Company, R.D. #4, Box 358-d, Pine Grove, Pennsylvania

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

(d) and (i) (mine maps) to its D.J.T. Slope (I.D. No. 36-08454) 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.

15. D.J.T. Coal Company

[Docket No. M-96-137-C]

D.J.T. Coal Company, R.D. #4, Box 358-d, Pine Grove, Pennsylvania

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

75.364(b)(1) (weekly examination) to its D.J.T. Slope (I.D. No. 36-

08454) 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 the areas from the gunboat/slope car with an

alternative air quality evaluation at the section's intake level, and

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.

16. D.J.T. Coal Company

[Docket No. M-96-138-C]

D.J.T. Coal Company, R.D. #4, Box 358-d, 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 D.J.T. Slope

(I.D. No. 36-08454) 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

[[Page 64374]]

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

the mandatory standard.

17. D.J.T. Coal Company

[Docket No. M-96-139-C]

D.J.T. Coal Company, R.D. #4, Box 358-d, Pine Grove, Pennsylvania

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

(preshift examination) to its D.J.T. Slope (I.D. No. 36-08454) 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 sections. 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.

18. Drummond Company, Inc.

[Docket No. M-96-140-C]

Drummond Company, Inc., P.O. Box 10246, Birmingham, Alabama 35202

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

(quantity and location of firefighting equipment) to its Shoal Creek

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

petitioner proposes to use two portable fire extinguishers at

electrical installations instead of a fire extinguisher and 240 pounds

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.

19. U.S. Steel Mining Company

[Docket No. M-96-141-C]

U.S. Steel Mining Company, P.O. Box 2200, Bessemer, Alabama 35021

has filed a petition to modify the application of 30 CFR 77.201

(methane content in surface installations) to its Concord Preparation

Plant (I.D. No. 01-00329) located in Jefferson County, Alabama. The

petitioner proposes to use a closed granular coal handling system at

its preparation plant that consists of a series of mechanical flight

conveyors that are installed in a closed system and not accessible

during operation, to transport coal from a thermal dryer to a closed

400-ton storage bin, and then loaded into pressure-differential

railroad cars; to install an atmospheric monitoring system that uses an

aspirating system that samples for various gases at three locations

within the coal handling system at all times during operation; to have

the monitoring system designed so that a warning would be provided at a

manned location whenever the system is operating and designed to

initiate certain actions when certain levels of gas is detected within

the closed system; and to purge the system by injecting nitrogen in

order to keep the levels of oxygen within the system at acceptable

levels. The petitioner has outlined in this petition specific

procedures to be followed when using the proposed alternative method.

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.

20. Amax Coal Company

[Docket No. M-96-142-C]

Amax Coal Company, P.O. Box 144, Keensburg, Illinois 62852 has

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

shift examination) to its Wabash Mine (I.D. No. 11-00877) located in

Wabash County, Illinois. The petitioner proposes to use an extendable

20-foot probe to take methane tests. The petitioner has outlined in

this petition specific procedures to be followed when using its

alternative method. The petitioner states that application of the

standard would result in a diminution of safety to the miners. 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 January 3, 1997.

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

Dated: November 26, 1996.

Patricia W. Silvey,

Director, Office of Standards, Regulations, and Variances.

[FR Doc. 96-30895 Filed 12-3-96; 8:45 am]

BILLING CODE 4510-43-P