# Petitions for Modification > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A97-23131 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** September 2, 1997 - **Citation:** 62 FR 46379 ## Text 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. Costain Coal, Inc. [Docket No. M-97-87-C] Costain Coal, Inc., PO Box 448, Clay, Kentucky 42404 has filed a petition to modify the application of 30 CFR 75.1103-4(a) (automatic fire sensor and warning device systems; installation; minimum requirements) to its Smith Underground No. 1 Mine (I.D. No. 15-16020) located in Webster County, Kentucky. As an alternative method, the petitioner proposes to install one CO sensor not more than 100 feet downwind of where both the tailpiece and belt drive are located, and at intervals not to exceed 2,000 feet along each conveyor belt entry. The petitioner asserts that the proposed alternative method will guarantee the same measure of protection afforded the miners by the mandatory standard and will result in no diminution of safety to the miners. 2. Garrett Mining, Inc. [Docket No. M-97-89-C] Garrett Mining, Inc., PO Box 262, Toler, Kentucky 41569 has filed a petition to modify the application of 30 CFR 75.350 (air courses and belt haulage entries) to its No. 2 Mine (I.D. No. 15-08079) located in Pike County, Kentucky. As an alternative method, the petitioner proposes to use belt haulage entries as intake air courses for ventilation of active working places, and to install a low-level CO monitoring system as an early warning fire detection system in all belt entries used as intake air courses, under the conditions specified in the petition. The petitioner asserts that the proposed alternative method will guarantee no less than the same measure of protection as afforded by the mandatory standard. 3. Costain Coal, Inc. [Docket No. M-97-90-C] Costain Coal, Inc., PO Box 448, Clay, Kentucky 42404 has filed a petition to modify the application of 30 CFR 75.503 (permissible electric face equipment; maintenance) to its Smith Underground No. 1 Mine (I.D. No. 15-16020) located in Webster County, Kentucky. The petitioner proposes to use a spring-loaded device with specific characteristics instead of a padlock to secure plugs and electrical type connectors to batteries and to the permissible mobile powered equipment the batteries serve. The petitioner asserts that the proposed alternative method will guarantee the same measure of protection afforded the miners by the mandatory standard and will result in no diminution of safety to the miners. 4. G & P Contractors, Inc. [Docket No. M-97-91-C] G & P Contractors, Inc., Route 1, Box 419-A1, Gray, Kentucky 40734 has filed a petition to modify the application of 30 CFR 75.380(f)(4)(i) (escapeways; bituminous and lignite mines) to its Stoney Fork Mine No. 2 (I.D. No. 15-17909) located in Knox County, Kentucky. The petitioner proposes to install two 5-pound or one 10- pound portable chemical fire extinguisher in the operator's deck of each Mescher tractor readily accessible to the operator; to have the fire extinguisher inspected daily by the equipment operator prior to entering the escapeway; to have the operator make a record of the daily inspections and keep them at the mine site; and to have a sufficient number of spare fire extinguishers maintained at the mine in case an extinguisher becomes defective. The petitioner asserts that this petition is based on the safety of the miners. 5. Peabody Coal Company [Docket No. M-97-92-C] Peabody Coal Company, 800 Laidley Tower, P.O. Box 1233, Charleston, West Virginia 25324 has filed a petition to modify the application of 30 CFR 75.364 (weekly examination) to its Camp No. 11 Underground Mine (I.D. No. 15-08357) located in Union County, Kentucky. Due to hazardous roof conditions, continued examination of the slope bottom battery charger air course entry would result in a diminution of safety to miners. Attempts to rehabilitate these areas would expose miners to unnecessary and hazardous work of cleaning falls and re-supporting roof, as well as removing props and cribs set to support top in areas of questionable roof conditions during the rehabilitation process. As an alternative, the petitioner proposes to monitor methane and oxygen concentrations and the volume of air at the locations and frequency specified in the petition; to have trained and certified persons conduct the monitoring; and to record the results of the monitoring in a book to be maintained on the surface of the mine. The petitioner asserts that implementation of this alternative method will guarantee no less than the same measure of protection as that intended by the mandatory standard. 6. Canyon Fuel Company, LLC [Docket No. M-97-93-C] Canyon Fuel Company, LLC, Skyline Mines, P.O. Box 719, Scofield, Utah 84526 has filed a petition to modify the application of 30 CFR 75.364(b)(4) (weekly examination) to its Skyline Mine No. 3 (I.D. No. 42-01566) located in Carbon County, Utah. Due to hazardous roof conditions in the 4 Right area, continued examination of the seals would result in a diminution of safety to miners. Rehabilitation of this roof would place miners at much greater risk than the proposed alternative method. As an alternative, the petitioner proposes to isolate the seals using stoppings and to monitor air quality immediately inby 4 Right and outby the seals to detect leakage. The only travel in this area is by persons conducting regular examinations. The petitioner asserts that implementation of this alternative method will improve safety for miners. [[Page 46380]] 7. Consolidation Coal Company [Docket No. M-97-94-C] Consolidation Coal Company, Consol Plaza, 1800 Washington Road, Pittsburgh, Pennsylvania 15241-1421 has filed a petition to modify the application of 30 CFR 75.804(a) (underground high-voltage cables) to its Shoemaker Mine (I.D. No. 46-01436) located in Marshall County, West Virginia. The petitioner proposes to use a high-voltage cable with an internal ground check conductor smaller than No. 10 (A.W.G.) as a part of its longwall mining system. The petitioner states that the alternative method will guarantee no less than the same measure of protection as would be 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 October 2, 1997. Copies of these petitions are available for inspection at that address. Dated: August 22, 1997. Patricia W. Silvey, Director, Office of Standards, Regulations, and Variances. [FR Doc. 97-23131 Filed 8-29-97; 8:45 am] BILLING CODE 4510-43-U --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A97-23131. Public record. Not legal advice.