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. Clark Elkhorn Mining Company

[Docket No. M-97-58-C]

Clark Elkhorn Mining Company, P.O. Box 2805, Pikeville, Kentucky

41502 has filed a petition to modify the application of 30 CFR 75.900

(low- and medium-voltage circuits serving three-phase alternating

current equipment; circuit breakers) to its Sunset Mine No. 2 (I.D. No.

15-17849) located in Pike County, Kentucky. The petitioner proposes to

use contactors to obtain undervoltage protection instead of using

circuits breakers. The petitioner asserts that the proposed alternative

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

the mandatory standard.

2. B & B Anthracite Coal

[Docket No. M-97-59-C]

B & B Anthracite Coal, 225 Main Street, Joliett, Pennsylvania 17981

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

(preshift examination) to its Rock Ridge Slope (I.D. No. 36-07741)

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.

3. B & B Anthracite Coal

[Docket No. M-97-60-C]

B & B Anthracite Coal, 225 Main Street, Joliett, Pennsylvania 17981

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

(4), and (5) (weekly examination) to its Rock Ridge Slope (I.D. No. 36-

07741) 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 thoroughly 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.

4. B & B Anthracite Coal

[Docket No. M-97-61-C]

B & B Anthracite Coal, 225 Main Street, Joliett, Pennsylvania 17981

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

(quantity and location of firefighting equipment) to its Rock Ridge

Slope (I.D. No. 36-07741) 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.

5. B & B Anthracite Coal

[Docket No. M-97-62-C]

B & B Anthracite Coal, 225 Main Street, Joliett, Pennsylvania 17981

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

(temporary notations, revisions, and supplements) to its Rock Ridge

Slope (I.D. No. 36-07741) 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.

6. Ambrose Branch Coal Company, Inc.

[Docket No. M-97-63-C]

Ambrose Branch Coal Company, Inc., P.O. Box 806, Pound, Virginia

24279 has filed a petition to modify the application of 30 CFR 77.214

(refuse piles; general) to its Preparation Plant (I.D. No. 44-05265)

located in Wise County, Virginia. The petitioner requests a

modification of the standard to allow backfilling of the existing

highwall with refuse in an area containing abandoned mine openings. The

petitioner proposes to fill seven (7) drift openings with refuse

material at the abandoned Fleetwood Energy, Inc., Mine No. 2 (I.D. No.

44-06470). 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-97-64-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)(2)

[[Page 34312]]

(weekly examination) to its Shoemaker Mine (I.D. No. 46-01436) located

in Marshall County, West Virginia. Due to deteriorating roof

conditions, certain areas of the return air course cannot be traveled

safely. The petitioner proposes to establish evaluation points P and Q

that would be maintained in safe condition; and to have a certified

person test for methane and the quantity of air at both check points on

a weekly basis and place their initials, date, and time in a record

book kept on the surface and made available for inspection by

interested persons. The petitioner asserts that the proposed

alternative method would provide at least the same measure of

protection as would the mandatory standard.

8. Turris Coal Company

[Docket No. M-97-66-C]

Turris Coal Company, P.O. Box 21, Elkhart, Illinois 62634 has filed

a petition to modify the application of 30 CFR 75.1100-2(i)(1)

(quantity and location of firefighting equipment) to its Elkhart Mine

(I.D. No. 11-02664) located in Logan County, Illinois. The petitioner

proposes to use the following materials at its Elkhart Mine: 160

Kennedy Metal Stopping Panels with associated head sills and twist

clamps; 32 Kennedy Stopping Rib Angles; 3 rolls of tape; 3 twist tools;

2 rolls of brattice cloth; 3 stopping jacks; 3 dutch heads; 3 shovels;

12 buckets of Celtite 10-12 Airtite (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.

9. Old Ben Coal Company

[Docket No. M-97-67-C]

Old Ben Coal Company, P.O. Box 397, 13101 Ziegler Road,

Coulterville, Illinois 62237 has filed a petition to modify the

application of 30 CFR 75.503 (permissible electric face equipment;

maintenance) to its Ziegler No. 11 Mine (I.D. No. 11-02408) located in

Randolph County, Illinois. The petitioner proposes, instead of using a

padlock, to use a Spring-Loaded Plug Interlock attached to the plug

receptacle and permanently attached to the battery case designed so

that when the battery-plugs are secured and the spring loaded interlock

is released, the threaded ring securing the battery plugs cannot become

loose. The petitioner asserts the proposed alternative method would

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

standard.

10. Drummond Company, Inc.

[Docket No. M-97-68-C]

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

0246 has filed a petition to modify the application of 30 CFR 75.350

(air courses and belt haulage entries) to its Shoal Creek Mine (I.D.

No. 01-02901) located in Jefferson County, Alabama. The petitioner

requests that the final Decision and Order dated April 1, 1995, be

amended. The petitioner asserts that the amended alternative method

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

mandatory standard.

11. Kerr-McGee Coal Corporation

[Docket No. M-97-69-C]

Kerr-McGee Coal Corporation, 123 Robert S. Kerr Avenue, Oklahoma

City, Oklahoma 73102 has filed a petition to modify the application of

30 CFR 75.352 (return air courses) to its Galatia Mine (I.D. No. 11-

02752) located in Saline County, Illinois. The petitioner requests a

modification of the standard to permit two-entry development of the

headgate entries for the 5th East Longwall panel. The petitioner

proposes to install low-level carbon monoxide sensors as an early

warning fire-detection system in the intake escapeway entry and in the

belt entry. The petitioner asserts that the proposed alternative method

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

mandatory standard.

12. Kerr-McGee Coal Corporation

[Docket No. M-97-70-C]

Kerr-McGee Coal Corporation, 123 Robert S. Kerr Avenue, Oklahoma

City, Oklahoma 73102 has filed a petition to modify the application of

30 CFR 75.350 (air courses and belt haulage entries) to its Galatia

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

petitioner requests a modification of the standards to permit two-entry

development and retreat mining in the 5th East Longwall panel. The

petitioner proposes to install low-level carbon monoxide sensors as an

early warning fire detection system in the intake escapeway entry and

in the belt entry. The petitioner asserts that the proposed alternative

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

the mandatory standard.

13. Tri-State Terminals, Inc.

[Docket No. M-97-71-C]

Tri-State Terminals, Inc., P.O. Box 6100, Huntington, West Virginia

25770 has filed a petition to modify the application of 30 CFR 77.503-1

(electric conductors) to its Lockwood Dock (I.D. No.15-10358) located

in Boyd County, Kentucky. The petitioner proposes to install current

limiting devices on the electrical conductors provided for the crusher

motors listed as C2A-300HP, C2B-300HP, CIA-200HP, and CIB-200HP, and

the BC-3 conveyor belt drive electrical installations to ensure

deenergization of the circuit before a rise in temperature from normal

operation damages the insulating materials of electrical conductors.

The petitioner asserts that the proposed alternative method would

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

standard.

14. Island Creek Coal Company

[Docket No. M-97-72-C]

Island Creek Coal Company, Consol Plaza, 1800 Washington Road,

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

application of 30 CFR 75.364 (weekly examination) to its Ohio No. 11

Mine (I.D. No. 15-03173) located in Union County, Kentucky. Due to an

accumulation of water in the 3rd North Old No. 1 Unit and cut through

sealed area of the intake air course, persons traveling the affected

area to make weekly examinations would be exposed to hazardous

conditions. The petitioner proposes to amend its ventilation plan to

remove evaluation points EP-1, EP-2, and EP-3 and establish evaluation

points C, D, and E maintained in safe condition at all times; to have a

certified person conduct tests for methane and the quantity of air at

all check points on a weekly basis and place their initials, date, and

time in a record book kept on the surface and made available for

inspection by interested parties. The petitioner asserts that the

proposed alternative method would provide at least the same measure of

protection as would the mandatory standard.

15. Homestake Mining Company

[Docket No. M-97-04-M]

Homestake Mining Company, 630 E. Summit, Lead, South Dakota 57754

has filed a petition to modify the application of 30 CFR 56.6202(a)(5)

(vehicles) to its Lead, S.D. Mine (I.D. No. 39-00055) located in

Lawrence County, South Dakota. The petitioner proposes to substitute a

flashing amber light in place of signs on rubber-tired mobile equipment

used in the ramp systems and to have the light readily visible from all

directions. The petitioner states that the flashing amber light would

be a natural extension of the amber light currently used at the

Homestake Mine to delineate explosive storage facilities. The

petitioner asserts

[[Page 34313]]

that application of the standard would diminish the safety of the

miners. In addition, the petitioner asserts that the proposed

alternative method would provide at least the same 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 July 25, 1997.

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

Dated: June 17, 1997.

Patricia W. Silvey,

Director, Office of Standards, Regulations, and Variances.

[FR Doc. 97-16665 Filed 6-24-97; 8:45 am]

BILLING CODE 4510-43-P