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. McElroy Coal Company

[Docket No. M-97-101-C]

McElroy Coal Company, Consol Plaza, 1800 Washington Road,

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

application of 30 CFR 75.312(c) to its McElroy Mine (I.D. No. 46-01437)

located in Marshall County, West Virginia. The petitioner requests a

modification of the mandatory safety standard to permit the testing of

the automatic fan signal device without stopping the fan. The

petitioner proposes to test the automatic fan signal device at least

every 31 days by manually operating a valve near the fan pressure

recording chart reducing the pressure on the water gauge to cause the

activation of the fan signal. The petitioner asserts that the proposed

alternative method would provide at least the same measure of

protection as would the mandatory standard.

2. Mark P. Shingara Coal

[Docket No. M-97-102-C]

Mark P. Shingara Coal, R.D. #3, Box 79E, Sunbury, Pennsylvania

17801 has filed a petition to modify the application of 30 CFR 75.335

(construction of seals) to its No. 4 Vein Slope (I.D. No. 36-08527)

located in Northumberland County, Pennsylvania. The petitioner requests

a modification of the standard to permit alternative methods of seal

construction 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.

3. Mark P. Shingara Coal

[Docket No. M-97-103-C]

Mark P. Shingara Coal, R.D. #3, Box 79E, Sunbury, Pennsylvania

17801 has filed a petition to modify the application of 30 CFR 75.360

(preshift examination) to its No. 4 Vein Slope (I.D. No. 36-08527)

located in Northumberland County, Pennsylvania. The petitioner proposes

to visually examine each seal for physical damage from the slope

gunboat during the preshift examination after an air quality reading is

taken inby 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

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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.

4. Mark P. Shingara Coal

[Docket No. M-97-104-C]

Mark P. Shingara Coal, R.D. #3, Box 79E, Sunbury, Pennsylvania

17801 has filed a petition to modify the application of 30 CFR

75.364(b)(1), (4), and (5) (weekly examination) to its No. 4 Vein Slope

(I.D. No. 36-08527) located in Northumberland 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 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.

5. Mark P. Shingara Coal

[Docket No. M-97-105-C]

Mark P. Shingara Coal, R.D. #3, Box 79E, Sunbury, Pennsylvania

17801 has filed a petition to modify the application of 30 CFR 75.1100

(quantity and location of firefighting equipment) to its No. 4 Vein

Slope (I.D. No. 36-08527) 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.

6. Mark P. Shingara Coal

[Docket No. M-97-106-C]

Mark P. Shingara Coal, R.D. #3, Box 79E, Sunbury, Pennsylvania

17801 has filed a petition to modify the application of 30 CFR 75.1200

(d) & (i) (mine map) to its No. 4 Vein Slope (I.D. No. 36-08527)

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

tunnel. The petitioner asserts that the proposed alternative method

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

mandatory standard.

7. Mark P. Shingara Coal

[Docket No. M-97-107-C]

Mark P. Shingara Coal, R.D. #3, Box 79E, Sunbury, Pennsylvania

17801 has filed a petition to modify the application of 30 CFR 75.1202-

1(a) (temporary notations, revisions, and supplements) to its No. 4

Vein Slope (I.D. No. 36-08527) 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.

8. Mark P. Shingara Coal

[Docket No. M-97-108-C]

Mark P. Shingara Coal, R.D. #3, Box 79E, Sunbury, Pennsylvania

17801 has filed a petition to modify the application of 30 CFR 75.1400

(hoisting equipment; general) to its No. 4 Vein Slope (I.D. No. 36-

08527) located in Northumberland 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 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.

9. Oxbow Carbon & Minerals, Inc.

[Docket No. M-97-109-C]

Oxbow Carbon Minerals, Inc., P.O. Box 535, Somerset, Colorado 81434

has filed a petition to modify the application of 30 CFR 75.804(a) to

its Sanborn Creek Mine (I.D. No. 05-04452) located in Gunnison County,

Colorado. The petitioner requests a modification of the standard to

allow the use of Anaconda Type SHD+GC, Pirelli Type SHD-Center-GC,

Tiger Brand Type SHD-CGC, and other brands of identical construction

flame-resistant cables on the high-voltage longwall system(s). The

petitioner states that these cables would utilize a flexible No. 16

A.W.G. ground check conductor for the ground continuity check circuit.

The petitioner asserts that the proposed alternative method would

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

standard.

10. Oxbow Carbon & Minerals, Inc.

[Docket No. M-97-110-C]

Oxbow Carbon & Minerals, Inc., P.O. Box 535, Somerset, Colorado

81434 has filed a petition to modify the application of 30 CFR 75.1002

(location of trolley wires, trolley feeder wires, high-voltage cables

and transformers) to its Sanborn Creek Mine (I.D. No. 05-04452) located

in Gunnison County, Colorado. The petitioner proposes to use 2,400 volt

cables to power longwall equipment. The petitioner asserts that the

proposed alternative method would provide at least the same measure of

protection as would the mandatory standard.

11. Freeman United Coal Mining Company

[Docket No. M-97-111-C]

Freeman United Coal Mining Company, 1999 Wabash Avenue, Suite 200B,

Springfield, Illinois 62704-5364 has filed a petition to modify the

application of 30 CFR 75.332(a) to its Crown III Mine (I.D. No. 11-

02632) located in Montgomery County, Illinois. The petitioner requests

a modification of the standard to allow one continuous miner on a super

section to cleanup while the other continuous miner is loading coal.

The petitioner asserts that the proposed alternative method would

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

standard.

12. USMX of Alaska

[Docket No. M-97-05-M]

USMX of Alaska, 200 Center Court, Anchorage, Alaska 99518 has filed

a petition to modify the application of 30 CFR 56.9300(a) (berms or

guardrails) to its Illinois Creek Mine (I.D. No. 50-01637) located in

Yukon-Koyukuk County, Alaska. The petitioner requests a modification of

the standard to eliminate the use of berms along the drop-off side of

the road. The petitioner asserts that the proposed alternative method

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

mandatory standard by allowing expeditious and effective snow removal

from the road in conjunction with a low 25 mile per hour speed limit.

Request for Comments

Persons interested in these petitions may furnish written comments.

These

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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 November 3, 1997. Copies of

these petitions are available for inspection at that address.

Dated: September 25, 1997.

Patricia W. Silvey,

Director, Office of Standards, Regulations, and Variances.

[FR Doc. 97-26214 Filed 10-2-97; 8:45 am]

BILLING CODE 4510-43-U