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. Energy West Mining Company

[Docket No. M-96-01-C]

Energy West Mining Company, 15 North Main Street, P.O. Box 310,

Huntington, Utah 84528 has filed a petition to modify the application

of 30 CFR 75.326 (now 75.350) (air courses and belt haulage entries) to

its Deer Creek Mine (I.D. No. 42-00121) located in Emery County, Utah.

The petitioner requests amendments to MSHA's Proposed Decision and

Order (PDO) regarding its Petition for Modification, Case No. 86-MSA-3,

docket number M-85-127-C, proposal to modify application of the

existing standards to conduct longwall mining with two entries in

longwall panels under deep cover. The petitioner requests changes to

two requirements of the previous decision and order due to changes in

circumstances at its Deer Creek Mine. The petitioner requests that

paragraph III.(c)(4) be amended to strike the first two clauses of the

paragraph, so that the paragraph begins with the phrase ``All diesel

powered equipment operated on any two-entry longwall development or

two-entry longwall panel,'' and to replace the period at the end of the

paragraph with a comma and add at the end of the paragraph the phrase:

``with the exception of the following diesel-powered equipment approved

under 30 CFR part 32 (Schedule 24): ambulances used in emergency

situations, mantrips, and other vehicles used to transport personnel to

and from work areas.'' The petitioner asserts that this amendment would

provide a more reliable and safer means of transporting personnel to

and from work areas. In paragraph III.(o) of the PDO, the petitioner

requests that the word ``on'' be removed from the sentence ``Also,

during longwall retreat mining in the two-entry panel, a rock dusting

unit shall be installed on the last tailgate shield'', and substitute

in the words ``at or near.'' The petitioner asserts that this change

would permit the use of other rock dusting systems,

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such a bulk dusters, installed in the tailgate return entries which

were not in use (or available) when the decision and order was issued.

In addition, the petitioner asserts that the granting of this petition

to amend would provide alternate means of ensuring the safety of the

miners based on developments in mining technology at the Deer Creek

Mine since the previous decision and order was issued.

2. Ohio County Coal Company, Inc.

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

Ohio County Coal Company, Inc., 19050 Highway 1078 South,

Henderson, Kentucky 42420 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 Freedom Mine (I.D. No.

15-17587) located in Hopkins County, Kentucky. The petitioner proposes

to operate the Diesel Powered Generator without an earth referenced

ground. The petitioner states that attaching a grounding conductor to

the earth reference ground system reduces the mobility and

effectiveness of the unit. The petitioner has listed specific

stipulations in its petition to support its alternative method for

operating the generator. In addition, the petitioner asserts that the

proposed alternative method would provide at least the same measure of

protection as would the mandatory standard.

3. D.R. Price Engineering and Land Surveying, Inc., PC

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

D. R. Price Engineering and Land Surveying, Inc., PC, an MSHA

Contractor (I.D. No. NAW), P.O. Box 270, Swords Creek, Virginia 24649

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

(permissible electric face equipment) for Dominion Coal Corporation,

P.O. Box 70, Vansant, Virginia 24656 for its Dominion No. 7 Mine (I.D.

No. 44-06499) VA MI No. 13963AA; its Dominion No. 8 Mine (I.D. No. 44-

06555) VA MI No. 14024AA; its Dominion No. 16 Mine (I.D. No. 44-06643)

VA MI No. 14160AA; its Dominion No. 18 Mine (I.D. No. 44-06577) VA MI

No. 14045AA; its Dominion No. 21 Mine (I.D. No. 44-06644) VA MI No.

14161AA; and its Dominion No. 22 Mine (I.D. No. 44-06645) VA MI

14162AA; the Chad Coal Corporation, P.O. Box 890, Oakwood, Virginia

24631 for its Mine No. 4 (I.D. No. 44-06592) VA MI No. 14061AB; and its

Mine No. 6 (I.D. No 44-06709) VA MI No. 14247AC all located in Buchanan

County, Virginia; the Mackie J. Coal Company, Inc., Rt. 2, Box 530,

Grundy, Virginia 24614 for its Mine No. 4 (I.D. No. 44-06051) VA MI No.

12681AD; the Classic Coal Corporation, P.O. Box 1025, Grundy, Virginia

for its Mine No. 1 (I.D. No. 44-06195) VA MI No. 13256AB; the Blake

Coal Company, Rt. 1, Box 566, Swords Creek, Virginia 24649 for its Mine

No. 2 (I.D. No. 44-06486) VA MI No. 04940AB; and its Mine No. 3 (I.D.

No. 44-06748) VA MI 14293AC; the Red Baron, Inc., P.O. Box 295, Swords

Creek, Virginia 24649 for its Mine No. 1 (I.D. No. 44-06719) VA MI No.

14259AD; and its Mine No. 2 (I.D. No. 44-06779) VA MI No. 14301AC; the

Nufac Mining, Inc., for its Mine No. 2 (I.D. No. 44-06758) VA MI No.

14313AB; the East Star Mining, Inc., P.O. Box 189, Swords Creek,

Virginia 24649 for its Mine No. 2 (I.D. No. 44-06613) VA MI No.

14100AB; the Rat Contractors, Inc., P.O. Box 768, Grundy, Virginia

24614 for its Mine No. 2 (I.D. No. 44-06793) VA MI No. 14353AB; the

Lick Branch Mining, Inc., Rt. 2, Box 50, Oakwood, Virginia 24631 for

its Mine No. 4 (I.D. No. 44-06702) VA MI No. 14236AB all located in

Buchanan County, Virginia; the C. J. & L Mining, Inc., 315 Railroad

Avenue, Box 388, Richlands, Virginia 24641 for its Mine No. 1 (I.D. No.

44-08445); its Mine No. 2 (I.D. No. 44-08518); and its Mine No. 3 (I.D.

No. 44-08444) located in McDowell County, West Virginia; the Sea B

Mining, Inc., P.O. Box 26, Jewell Ridge, Virginia 24622 for its

Seaboard Mine No. 2 (I.D. No. 44-03479) VA MI No. 07168AA; the C & O

Mining Company, Inc., P.O. Box 249, Richlands, Virginia 24641 for its

Mine No. 1 (I.D. No. 44-06606) VA MI No. 14110AC: the Donna Jean

Mining, 126 West Main Street, Tazewell, Virginia 24651 for its Mine No.

1 (I.D. No. 44-06649) VA MI 14176AD; the Westfork No. 3, P.O. Box 309,

Cedar Bluff, Virginia 24609 for its Mine No. 3 (I.D. No. 44-06708) VA

MI No. 14092AF; the Canada Coal, P.O. Box 1697, Richlands, Virginia

24641 for its Mine No. 1 (I.D. No. 44-06713) VA MI No. 14251AB; and the

Middle Creek Energy, P.O. Box 1174, Cedar Bluff, Virginia 24609 for its

Mine No. 1 (I.D. No. 44-05772) VA MI No. 12308AA located in Tazewell

County, Virginia. The petitioner proposes to use a low-voltage (14.4 V

DC maximum), low-amperage (5.65 amps maximum), and low-wattage (81.36

watts maximum) hand-held battery powered drill inby the last open

crosscut for drilling holes in the mine roof to install survey spads,

instead of using a permissible hand-held battery powered drill. The

petitioner states that permissible hand-held battery powered drills are

not commercially available and that application of the standard would

result in a diminution of safety to the miners.

4. Copperas Coal Corporation

[Docket No. M-96-04-C]

Copperas Coal Corporation, P.O. Box 679, Texas, West Virginia 25569

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

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

Jacks Branch Mine (I.D. No. 46-08513) located in Boone County, West

Virginia. The petitioner proposes to replace a padlock on battery plug

connectors on mobile battery-powered machines used inby the last open

cross-cut with a threaded ring and a spring loaded device to prevent

the plug connector from accidently disengaging while under load. 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. Buck Creek Coal Company

[Docket No. M-96-05-C]

Buck Creek Coal Company, R.R. 5, Box 203, Sullivan, Indiana 47882

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

(weekly examination) to its Buck Creek Mine (I.D. No. 12-02033) located

in Sullivan County, Indiana. Due to deteriorating roof conditions in

the intersection outby the approach to the #4 Seal in the northwest Sub

Main off the Main North, the area cannot be examined because access to

the #4 Seal is blocked. The petitioner proposes to establish a

monitoring point to continuously monitor the air quality outby (return

side) of the seal; and to examine the monitoring point weekly for air

quality and direction. The petitioner states that application of the

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

6. Amax Coal Company

[Docket No. M-96-06-C]

Amax Coal Company has filed a petition to modify the application of

30 CFR 75.364(b)(2) (weekly examination) to its Wabash Mine (I.D. No.

11-00877) located in Wabash County, Illinois. Due to deteriorating roof

conditions in certain parts of the 5 West area of the mine and certain

areas of the return air course, traveling these areas in its entirety

would be unsafe. The petitioner proposes to establish evaluation points

at crosscuts No. 24-25 to measure for methane and the quantity of air,

and at

[[Page 13883]]

crosscuts No. 11-12 to measure the quantity of air; to have a certified

person evaluate the air course at each evaluation point once each day

where coal production occurs and place their initial, date, and time at

each evaluation point and record the results of the examination in a

record book kept on the surface and made available for inspection by

interested persons. 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.

7. Consolidation Coal Company

[Docket No. M-96-07-C]

Consolidation Coal Company, Consol Plaza, 1800 Washington Road,

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

application of 30 CFR 75.364(b)(4) (weekly examination) to its

Shoemaker Mine (I.D. No. 46-01436) located in Marshall County, West

Virginia. Due to deteriorating roof conditions in the No. 3 Seal in 1

North of the air course, the area would be unsafe to travel in its

entirety. The petitioner proposes to establish a checkpoint and make a

weekly examination where an extended probe would be used to examine the

No. 3 Seal for methane and a smoke tube would be used to verify the

direction of air flow; to have the person making the examination and

tests record their initials, date and time in a record book which would

be kept on the surface and made available for inspection by interested

parties; and to maintain the checkpoint and all approaches to the

checkpoint in safe condition at all times. The petitioner asserts that

the proposed alternative method would provide at least the same measure

of protection as would the mandatory standard.

8. Pehem Industries, Inc.

[Docket No. M-96-08-C]

Pehem Industries, Inc., Route 2, Box 294-C, Delbarton, West

Virginia 25670 has filed a petition to modify the application of 30 CFR

75.388(a)(3) (boreholes in advance of mining) to its Pehem No. 1 Mine

(I.D. No. 46-08530) located in Nicholas County, West Virginia. The

petitioner proposes to mine within 50 feet of the highwall mining holes

without drilling boreholes. The petitioner states that this mine would

be driven into the Winifrede Seam from a location adjacent to the High

Power Energy highwall miner workings; and that the purpose for this

request for modification is to avoid the dangers presented by abandoned

mine openings and adjacent mines known or suspected of dangerous

quantities of water or noxious or explosive gases. The petitioner

asserts that the proposed alternative method would provide at least the

same measure of protection as would the mandatory standard.

9. Peabody Coal Company

[Docket No. M-96-09-C]

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

Kentucky 42420-1990 has filed a petition to modify the application of

30 CFR 75.1100-2(b) (quantity and location of firefighting equipment)

to its Camp No. 11 Mine (I.D. No. 15-08357) located in Union County,

Kentucky. The petitioner proposes to install firehouse outlets with

valves in the longwall gate entries every fourth cross-cut at intervals

of approximately 440 feet instead of at intervals of 300 feet. The

petitioner asserts that the proposed alternative method would provide

at least the same measure of protection as would the mandatory

standard.

10. Monterey Coal Company

[Docket No. M-96-10-C]

Monterey Coal Company, R. Rt. 4, Box 235, Carlinville, Illinois

62626 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. 1

Mine (I.D. No. 11-00726) located in Macoupin County, Illinois. The

petitioner proposes to use the following emergency materials instead of

emergency materials required by the mandatory safety standard: 112

Kennedy Metal Shopping Panels with associated head sills and twist

clamps; 24 Kennedy Stopping Rib Angles; 3 rolls of tape; 3 twist tools;

2 rolls of brattice cloth; 3 stopping jacks; 3 picks; 3 shovels; 9

buckets of Celtite 10-12 (or equivalent material for stopping; 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.

11. Peabody Coal Company

[Docket No. M-96-11-C]

Peabody Coal Company, R.R. 2, Box 56B2, Carlisle, Indiana 47838 has

filed a petition to modify the application of 30 CFR 77.1304(a)

(blasting agents; special provisions) to its Hawthorn Mine (I.D. No.

12-00326) located in Greene County, Indiana. The petitioner proposes to

used waste petroleum-based lubrication oil recycled from equipment at

its mine, blended with diesel fuel oil to create an ANFO blasting

agent. The petitioner has outlined in this petition for modification

specific procedures for implementing its alternative method of creating

the ANFO blasting agent. The petitioner states that Material Safety

Data Sheets for the used oil and diesel fuel oil would be maintained on

its mine property and made available to the Mine Safety and Health

Administration (MSHA) upon request; that records would be maintained

for a period of three years and made available to MSHA and the miners'

representative when requested; that within 60 days after this petition

becomes final, proposed revisions to its training plan would be

submitted to the District Manager which would include initial and

refresher training and emergency procedures for compliance with the

conditions stated in this petition; and that this modification follows

MSHA's guidelines for combining used oil and ANFO with a few

variations.

12. Torie Mining, Inc.

[Docket No. M-96-12-C]

Torie Mining, Inc., P.O. Box 490, Virgie, Kentucky 41572 has filed

a petition to modify the application of 30 CFR 75.342 to its Torie No.

1 Mine (I.D. No. 15-17163) located in Pike County, Kentucky. The

petitioner proposes to use a hand-held continuous-duty methane detector

on its permissible DC-powered S&S Model 482 scoop machines. The

petitioner states that each operator working underground would be

certified in the proper use of the hand-held detector. The petitioner

asserts that the proposed alternative method would not diminish the

level of safety provided by 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 29, 1996.

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

Dated: March 21, 1996.

Patricia W. Silvey,

Director, Office of Standards, Regulations, and Variances.

[FR Doc. 96-7497 Filed 3-27-96; 8:45 am]

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