Petitions for Modification

Federal RegisterJan 29, 1997

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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. D & D Coal Company

[Docket No. M-96-166-C]

D & D Coal Company, 139 E. Independence Street, Shamokin,

Pennsylvania 17872 has filed a petition to modify the application of 30

CFR 75.335 (construction of seals) to its 7 Foot Drift Mine (I.D.

No.36-08092) located in Schuylkill County, Pennsylvania. The petitioner

requests a modification of the standard to permit alternative methods

of construction of seals using wooden materials of moderate size and

weight due to the difficulty in accessing previously driven headings

and breasts containing 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.

2. D & D Coal Company

[Docket No. M-96-167-C]

D & D Coal Company, 139 E. Independence Street, Shamokin,

Pennsylvania 17872 has filed a petition to modify the application of 30

CFR 75.1100 (quantity and location of firefighting equipment) to its 7

Foot Drift Mine (I.D. No. 36-08092) 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.

3. Apogee Coal Company dba Arch of Illinois

[Docket No. M-96-168-C]

Apogee Coal Company dba Arch of Illinois, P.O. Box 308, Percy,

Illinois 62272 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 Conant Mine (I.D. No. 11-02886) located in

Perry County, Illinois. The petitioner requests a modification of the

standard to allow a diesel powered generator to be operated for

supplying power to mobile mining equipment when such equipment is being

moved from one area of the mine to another without grounding the

neutral to a low resistance ground field. The petitioner states that

mining personnel would be trained in the proper testing procedures to

be used at the mine whenever this practice occurs. The petitioner

asserts that the proposed alternative method would provide at least the

same measure of protection as would the mandatory standard.

4. Burnrite Slope Coal Company

[Docket No. M-96-169-C]

Burnrite Slope Coal Company, 325 Mulberry Street, Atlas,

Pennsylvania 17851 has filed a petition to modify the application of 30

CFR 75.1100 (quantity and location of firefighting equipment) to its

Burnrite Slope (I.D. No. 36-08547) located in Columbia 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. Burnrite Slope Coal Company

[Docket No. M-96-170-C]

Burnrite Slope Coal Company, 325 Mulberry Street, Atlas,

Pennsylvania 17851 has filed a petition to modify the application of 30

CFR 75.1200 (d) & (i) (mine map) to its Burnrite Slope Mine (I.D. No.

36-08547) located in Columbia 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.

6. Burnrite Slope Coal Company

[Docket No. M-96-171-C]

Burnrite Slope Coal Company, 325 Mulberry Street, Atlas,

Pennsylvania 17851 has filed a petition to modify the

[[Page 4332]]

application of 30 CFR 75.1202-1(a) (temporary notations, revisions, and

supplements) to its Burnrite Slope Mine (I.D. No. 36-08547) located in

Columbia 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.

7. Burnrite Slope Coal Company

[Docket No. M-96-172-C

Burnrite Slope Coal Company, 325 Mulberry Street, Atlas,

Pennsylvania 17851 has filed a petition to modify the application of 30

CFR 75.1400 (hoisting equipment; general) to its Burnrite Slope (I.D.

No. 36-08547) located in Columbia County, Pennsylvania. The petitioner

proposes 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.

8. Martin County Coal Corporation

[Docket No. M-96-173-C]

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

has filed a petition to modify the application of 30 CFR 75.513-1

(electric conductor; size) to its Pegasus Mine (I.D. No. 15-17330)

located in Martin County, Kentucky. The petitioner proposes to install

current limiting devices in conveyor belt drive electrical

installations to ensure deenergization of the circuit before a rise in

temperature from normal operation will damage 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.

9. Mallie Coal Company. Inc.

[Docket No. M-96-174-C]

Mallie Coal Company, Inc., Route 1, Box 173, Woodbine, Kentucky

40771 has filed a petition to modify the application of 30 CFR

75.380(f)(4)(i) (escapeways; bituminous and lignite mines) to its Mine

No. 5 (I.D. No. 15-17314) located in Knox County, Kentucky. The

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

chemical fire extinguisher in the operators deck of each Mescher

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

accessible to the operator; and to have each fire extinguisher

inspected daily by the equipment operator prior to entering the

escapeway. The petitioner asserts that the proposed alternative method

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

mandatory standard.

10. Apex Minerals, Inc.

[Docket No. M-96-175-C]

Apex Minerals, Inc., P.O. Box 117, Kimper, Kentucky 41539 has filed

a petition to modify the application of 30 CFR 75.503 (permissible

electric face equipment; maintenance) to its Mine No. 1 (I.D. No. 15-

02096) located in Pike County, Kentucky. The petitioner proposes to use

permanently installed, spring-loaded locking devices on mobile battery-

powered equipment to prevent unintentional loosening of battery plugs

from battery receptacles to eliminate the hazards associated with

difficult removal of padlocks during emergency situations. 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.

11. Rawl Sales and Processing Company

[Docket No. M-96-176-C]

Rawl Sales and Processing Company, P.O. Box 722, Matewan, West

Virginia 25678 has filed a petition to modify the application of 30 CFR

75.701 (grounding metallic frames, casings, and other enclosures of

electric equipment) to its Tall Timber Mine (I.D. No. 15-13720) located

in Pike County, Kentucky. The petitioner proposes to use a diesel

generator to power mobile equipment in and out of its mine. The

petitioner asserts that the use of this generator as a mobile unit used

in conjunction with the tramming of mobile equipment does not enable

attaching the unit to the mine's ground fields. The petitioner has

outlined in this petition specific changes and adjustments that would

be made to the generator set to ensure that the proposed alternative

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

the mandatory standard.

12. Road Fork Development Company

[Docket No. M-96-177-C]

Road Fork Development Company, P.O. Box 565, Matewan, West Virginia

25678 has filed a petition to modify the application of 30 CFR 75.701

(grounding metallic frames, casings, and other enclosures of electric

equipment) to its Calloway Mine (I.D. No. 15-17252); its Pegs Branch

Mine (I.D. No. 15-17541); its Burnwell Energy Mine (I.D. No. 15-16599);

and its Extra Energy Mine (I.D. No. 15-15386) all located in Pike

County, Kentucky. The petitioner proposes to use a diesel generator to

power mobile equipment in and out of the mines. The petitioner asserts

that the use of this generator as a mobile unit used in conjunction

with the tramming of mobile equipment does not enable attaching the

unit to the mine's ground fields. The petitioner asserts that the

proposed alternative method would provide at least the same measure of

protection as would the mandatory standard.

13. Dry Fork Energy, Inc.

[Docket No. M-96-178-C]

Dry Fork Energy, Inc., P.O. Box 157, McCarr, Kentucky 41544 has

filed a petition to modify the application of 30 CFR 75.503

(permissible electric face equipment) to its Mine No. 1 (I.D. No. 15-

17385) located in Pike County, Kentucky. The petitioner proposes to use

permanently installed, spring-loaded locking devices on mobile battery-

powered machines to prevent unintentional loosening of battery plugs

from battery receptacles to eliminate the hazards associated with

difficult removal of padlocks during emergency situations. 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.

14. Dry Fork Energy, Inc.

[Docket No. M-96-179-C]

Dry Fork Energy, Inc., P.O. Box 157, McCarr, Kentucky 41544 has

filed a petition to modify the application of 30 CFR 75.701 (grounding

metallic frames, casings, and other enclosures of electric equipment)

to its Mine No. 1 (I.D. No. 15-17385) located in Pike County, Kentucky.

The petitioner proposes to use a diesel generator to power mobile

equipment in and out of the mines. The petitioner asserts that the use

of this generator as a mobile unit used in conjunction with the

tramming of mobile equipment does not enable attaching the unit to the

mine's ground fields. The petitioner has outlined in this petition

specific changes and adjustments that would be made to the

[[Page 4333]]

generator set to ensure that the proposed alternative method would

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

standard.

15. Dry Fork Energy, Inc.

[Docket No. M-96-180-C]

Dry Fork Energy, Inc., P.O. Box 157, McCarr, Kentucky 41544 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 Mine No. 1 (I.D. No. 15-17385) located in Pike

County, Kentucky. The petitioner proposes to use a diesel generator to

power mobile equipment in and out of its mine. The petitioner asserts

that the use of this generator as a mobile unit used in conjunction

with the tramming of mobile equipment does not enable attaching the

unit to the mine's ground fields. The petitioner has outlined in this

petition specific changes and adjustments that would be made to the

generator set to ensure that the proposed alternative method would

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

standard.

16. Apex Minerals, Inc.

[Docket No. M-96-181-C]

Apex Minerals, Inc., P.O. Box 329, Sidney, Kentucky 41564 has filed

a petition to modify the application of 30 CFR 75.701 (grounding

metallic frames, casings, and other enclosures of electric equipment)

to its Mine No. 1 (I.D. No. 15-02096) located in Pike County, Kentucky.

The petitioner proposes to use a diesel generator to power mobile

equipment in and out of its mine. The petitioner asserts that the use

of this generator as a mobile unit used in conjunction with the

tramming of mobile equipment does not enable attaching the unit to the

mine's ground fields. The petitioner has outlined in this petition

specific changes and adjustments that would be made to the generator

set to ensure that the proposed alternative method would provide at

least the same measure of protection as would the mandatory standard.

17. Apex Minerals, Inc.

[Docket No. M-96-182-C]

Apex Minerals, Inc., P.O. Box 329, 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) to its

Mine No. 1 (I.D. No. 15-02096) located in Pike County, Kentucky. The

petitioner proposes to use a diesel generator to power mobile equipment

in and out of its mine. The petitioner asserts that the use of this

generator as a mobile unit used in conjunction with the tramming of

mobile equipment does not enable attaching the unit to the mine's

ground fields. The petitioner has outlined in this petition specific

changes and adjustments that would be made to the generator set to

ensure that the proposed alternative method would provide at least the

same measure of protection as would the mandatory standard.

18. Kerr-McGee Coal Corporation

[Docket No. M-96-183-C]

Kerr-McGee Coal Corporation, Caller Box 3013, Gillette, Wyoming

82717 has filed a petition to modify the application of 30 CFR

77.1304(a) (blasting agents; special provisions) to its Jacobs Ranch

Mine (I.D. No. 48-00997) located in Campbell County, Wyoming. The

petitioner proposes to use petroleum-based lubrication oil, which would

be drained from its Jacobs Ranch Mine equipment, blended with fuel oil

to create an Ammonium Nitrate Fuel Oil (ANFO) blasting agent. The

petitioner also proposes to submit proposed revisions to its part 48

training plan, which include initial and refresher training regarding

compliance to its petition, to the District Manager within 60 days

after granting of this petition. The petitioner has outlined in this

petition specific procedures that would be followed in creating the

ANFO and using the blasting agent. The petitioner asserts that the

proposed alternative method would provide at least the same measure of

protection as would the mandatory standard.

19. M & H Coal Company

[Docket No. M-96-184-C]

M & H Coal Company, P.O. Box 559, Hegins, Pennsylvania 17938 has

filed a petition to modify the application of 30 CFR 75.1200 (d) & (i)

(mine map) to its Mercury Slope (I.D. No. 36-01920) 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. M & H Coal Company

[Docket No. M-96-185-C]

M & H Coal Company, P.O. Box 559, Hegins, Pennsylvania 17938 has

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

(temporary notations, revisions, and supplements) to its Mercury Slope

(I.D. No. 36-01920) 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. M & H Coal Company

[Docket No. M-96-186-C]

M & H Coal Company, P.O. Box 559, Hegins, Pennsylvania 17938 has

filed a petition to modify the application of 30 CFR 75.335

(construction of seals) to its Mercury Slope (I.D. No. 36-01920)

located in Schuylkill County, Pennsylvania. The petitioner requests a

modification of the standard to permit alternative methods of

construction of seals using wooden materials of moderate size and

weight due to the difficulty in accessing previously driven headings

and breasts containing 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.

22. Sheldon Derck

[Docket No. M-96-187-C]

Sheldon Derck, 133 E. Academy Street, Shamokin, Pennsylvania 17872

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

(temporary notations, revisions, and supplements) to its Slope No. 1

Mine (I.D. No. 07018) located in Northumberland 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.

[[Page 4334]]

23. Sheldon Derck

[Docket No. M-96-188-C]

Sheldon Derck, 133 E. Academy Street, Shamokin, Pennsylvania 17872

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

map) to its Slope No. 1 Mine (I.D. No. 07018) located in Northumberland

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.

24. Sheldon Derck

[Docket No. M-96-189-C]

Sheldon Derck, 133 E. Academy Street, Shamokin, Pennsylvania 17872

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

(quantity and location of firefighting equipment) to its Slope No. 1

Mine (I.D. No. 07018) located in Northumberland 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.

25. Jordan Coal Company

[Docket No. M-96-190-C]

Jordan Coal Company, 133 E. Academy Street, Shamokin, Pennsylvania

17872 has filed a petition to modify the application of 30 CFR 75.1202-

1(a) (temporary notations, revisions, and supplements) to its Jordan

No. 1 Slope Mine (I.D. No. 07681) located in Northumberland 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.

26. Jordan Coal Company

[Docket No. M-96-191-C]

Jordan Coal Company, 133 E. Academy Street, Shamokin, Pennsylvania

17872 has filed a petition to modify the application of 30 CFR 75.1200

(mine map) to its Jordan No. 1 Slope Mine (I.D. No. 36-07681) located

in Northumberland 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.

27. Jordan Coal Company

[Docket No. M-96-192-C]

Jordan Coal Company has filed a petition to modify the application

of 30 CFR 75.1100 (quantity and location of firefighting equipment) to

its Jordan No. 1 Slope Mine (I.D. No. 36-07681) located in

Northumberland 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.

28. Consolidation Coal Company

[Docket No. M-96-193-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) (weekly examination) to its

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

Virginia. Due to deteriorating roof and rib conditions in certain areas

of the return aircourse, traveling the area in entirety would be

unsafe. The petitioner proposes to establish two check points to

monitor the affected area; to maintain these check points in a safe

condition; to have a certified person test for methane and the quantity

of air on a weekly basis at each check point; and to have the person

making examinations and tests record 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.

29. Apogee Coal Company dba Arch of Illinois

[Docket No. M-96-194-C]

Apogee Coal Company dba Arch of Illinois, P.O. Box 308, Percy,

Illinois 62272-0308 has filed a petition to modify the application of

30 CFR 75.333(b)(3) (ventilation controls) to its Conant Mine (I.D. No.

11-02886) located in Perry County, Illinois. The petitioner requests a

modification of the standard to allow permanent stoppings to be built

and maintained to a point not to exceed 900 feet from the point of

deepest penetration in the conveyor belt entry or to a distance from

the point of deepest penetration in the conveyor belt entry not to

exceed 1\1/2\ time the length of the Archveyor continuous face haulage

system. 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.

30. Sargent Hollow Mining Corporation

[Docket No. M-96-195-C]

Sargent Hollow Mining Corporation, P.O. Box 2560, Wise, Virginia

24293 has filed a petition to modify the application of 30 CFR

75.364(b)(2) (weekly examination) to its Mine No. 1 (I.D. No. 44-06795)

located in Wise County, Virginia. Due to deteriorating roof conditions

in certain areas of the return aircourse, traveling the area in

entirety would be unsafe. The petitioner proposes to evaluate the

quality and quantity of air in the affected area at S.S. No. 323 inby,

and S.S. No. 270 outby the dangerous roof area. The petitioner asserts

that the proposed alternative method would not result in a diminution

of safety to the miners.

31. Freedom Energy Mining Company

[Docket No. M-96-196-C]

Freedom Energy Mining Company, P.O. Box 239, Sidney, Kentucky 41564

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

(permissible electric face equipment; maintenance) to its Mine No. 1

(I.D. No. 15-07082) located in Pike County, Kentucky. The petitioner

proposes to use permanently installed, spring-loaded locking devices on

mobile battery-powered equipment to prevent

[[Page 4335]]

unintentional loosening of battery plugs from battery receptacles to

eliminate the hazards associated with difficult removal of padlocks

during emergency situations. 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.

32. Rockhouse Energy Mining Company

[Docket No. M-96-197-C]

Rockhouse Energy Mining Company, P.O. Box 239, Sidney, Kentucky

41564 has filed a petition to modify the application of 30 CFR 75.503

(permissible electric face equipment; maintenance) to its Rockhouse

Mine No. 1 (I.D. No. 15-17651) located in Pike County, Kentucky. The

petitioner proposes to use permanently installed, spring-loaded locking

devices on mobile battery-powered equipment to prevent unintentional

loosening of battery plugs from battery receptacles to eliminate the

hazards associated with difficult removal of padlocks during emergency

situations. 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.

33. Solid Energy Mining Company

[Docket No. M-96-198-C]

Solid Energy Mining Company, P.O. Box 368, Sidney, Kentucky 41564

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

(permissible electric face equipment; maintenance) to its Mine No. 1

(I.D. No. 15-07475) located in Pike County, Kentucky. The petitioner

proposes to use permanently installed, spring-loaded locking devices on

mobile battery-powered equipment to prevent unintentional loosening of

battery plugs from battery receptacles to eliminate the hazards

associated with difficult removal of padlocks during emergency

situations. 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.

34. Clean Energy Mining Company

[Docket No. M-96-199-C]

Clean Energy Mining Company, P.O. Box 267, Sidney, Kentucky 41564

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

(permissible electric face equipment; maintenance) to its Mine No. 1

(I.D. No. 15-10753) located in Pike County, Kentucky. The petitioner