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-97-112-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(d) (main mine fan examinations and

records) to its McElroy Mine (I.D. No. 46-01437) located in Marshall

County, West Virginia. The petitioner requests a variance to permit the

testing of the function of an automatic closing door without stopping

the fan. The petitioner proposes to test the operation of the fan

closing door at least every 31 days, by rotating the test frame outward

from its normal resting position until it contacts the flow reversal

prevention door, by rotating the test frame in order to test the

function of the bearings supporting the flow reversal prevention door,

and to have the persons conducting the test visually observe the

movement of the test frame and the contact between the test frame and

the flow reversal prevention door, and to visually observe the general

maintenance of the approved design. The petitioner asserts that the

proposed alternative method would provide at least the same

[[Page 59893]]

measure of protection as would the mandatory standard.

2. Freeman United Coal Mining Company

[Docket No. M-97-113-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 (working sections and working places) to

its Crown II Mine (I.D. No. 11-02236) located in Macoupin County,

Illinois. The petitioner requests a variance to allow one continuous

miner on a super section to cleanup the previously mined working face

while the other continuous miner starts to cut and load coal from

another working face on the same working section, on the same split of

air. The petitioner asserts that the proposed alternative method would

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

standard.

3. Roberts Bros. Coal Co., Inc.

[Docket No. M-97-114-C]

Roberts Bros. Coal Co., Inc., P.O. Box 397, Mortons Gap, Kentucky

42440 filed a petition to modify the application of 30 CFR 75.503

(preshift examination) to its Cardinal # 2 Underground Mine (I.D. No.

15-17216) located in Hopkins County, Kentucky. The petitioner proposes

to use a spring-loaded device with specific fastening characteristics

instead of a padlock to secure plugs and electrical type connectors to

batteries and to the permissible mobile powered equipment, to prevent

accidental separation of the battery plugs from their receptacles

during normal operation of the battery equipment. The petitioner

asserts that in the event of a battery fire, the spring-loaded device

can be disconnected much faster and safer than a padlock; and that

application of the mandatory 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.

4. BJM Coal Company

[Docket No. M-97-115-C and M-97-116-C]

BJM Coal Company, 158 Turnpike Road, Summersville, West Virginia

26651 has filed a petition to modify the application of 30 CFR 75.503

(permissible electric face equipment; maintenance) to its Camp Creek

Deep Mine (I.D. No. 46-08288), and its No. 9B Mine (I.D. No. 46-08284)

both located in Webster County, West Virginia. The petitioner requests

a variance to allow the use of a spring-loaded locking device instead

of padlocks to secure battery plugs to machine mounted receptacles

which would prevent the threaded lock ring on a plug from turning and

coming loose unintentionally. The petitioner asserts that the proposed

alternative method would provide at least the same measure of

protection as would the mandatory standard.

5. Cobre Mining Company

[Docket No. M-97-06-M]

Cobre Mining Company, P.O. Box 424, Hanover, New Mexico 88041 has

filed a petition to modify the application of 30 CFR 57.11055 (inclined

escapeways) to its Continental Underground Complex (I.D. No. 29-00233)

located in Grant County, New Mexico. The petitioner proposes to modify

a distance of 326 feet in the #2 Shaft between the 1000 foot level and

the 1300 foot level to provide a secondary escapeway. An interim level

at the 1200 foot level of the #2 Shaft would break the portion of the

escapeway into 200 feet and 126 feet portions, which would be well

under the 300 foot limit. The petitioner requests a variance to allow

326 feet of vertical extent versus 300 feet, or a decision that the

1200 foot level of the #2 Shaft portions the 326 feet into smaller,

legal portions. The petitioner asserts that the proposed alternative

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

the mandatory standard.

6. Stillwater Mining Company

[Docket No. M-97-07-M]

Stillwater Mining Company, HC 54, Box 365, Nye, Montana 59061 has

filed a petition to modify the application of 30 CFR 57.14107(a)

(moving machine parts) to its Stillwater Mine (I.D. No. 24-01490)

located in Stillwater County, Montana. The petitioner proposes to fence

around the magnetic belt located on the end of the feed conveyor of the

3100 level crusher station to prevent persons from coming into direct

contact with the belt pulleys or the flying tramp iron ejected from the

conveyor; to post signs for use by ``Authorized Personnel Only'', and

only such persons would be allowed to enter the area when the belt is

locked out. The petitioner states that it proposed alternative method

would not cause a diminution of the safety to the operators. In

addition, petitioner asserts that the proposed alternative method would

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

standard.

7. Morton International, Inc.

[Docket No. M-97-08-M]

Morton International, Inc., P.O. Box 1496, New Iberia, Louisiana

70562-1496 has filed a petition to modify the application of 30 CFR

57.11050 (escapeways and refuges) to its Weeks Island Mine (I.D. No.

16-00970) located in Iberia County, Louisiana. The petitioner proposes

to use a man cage where personnel are transported through the service

shaft during a mine evacuation and through the production shaft on

inserts placed in the production skips during secondary evacuation. The

petitioner proposes to extend the concrete liner within the service

shaft and the concrete liner within the production shaft upon

completion of the service shaft to provide additional safety; to stop

all work and evacuate the mine if either escapeway becomes disabled for

more than one hour during shaft construction and resume work when both

escapeways become available; to install an underground refuge chamber

in the main intake airway at the 1200 Level shaft station for

additional evacuation protection. The petitioner states that the refuge

chamber would be large enough to accommodate at least ten persons and

would be reachable from any mine workplace within thirty minutes; that

the entire 1200 Level shaft station would be isolated from exhaust air

by closing the ventilation doors if necessary; and that backup power

source would be on the surface for mine ventilation in the event of

incoming utility power loss. The petitioner asserts that application of

the mandatory 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.

8. Morton International, Inc. and Miners, Inc.

[Docket No. M-97-09-M]

Morton International, Inc., and Miners, Inc., P.O. Box 1496, New

Iberia, Louisiana 70562-1496 has filed a petition to modify the

application of 30 CFR 57.11050 (escapeways and refuges) to its Markel

Mine (I.D. No.16-00512) located in Iberia County, Louisiana. Miners,

Inc., is an independent contractor (MSHA I.D. No. M2C), performing work

in the abandoned Markel Mine, owned by Morton Salt. The petitioners,

Morton Salt and Miners, Inc., request a variance to allow a 6-foot wide

secondary escapeway in the center of the Diamond Drift of the mine; a

barricade consisting of \1/8\ inch

[[Page 59894]]

diameter steel cable and suspended on steel posts on each side of the

travelway to mark the route; and ``Keep Out'' signs to be posted on the

boundary of the 6-foot wide escapeway every 250 feet along the

travelway. The petitioner asserts that the proposed alternative method

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

mandatory standard.

9. North American Salt Company

[Docket No. M-97-10-M]

North American Salt Company, P.O. Box 10, Lydia, Louisiana 70569

has filed a petition to modify the application of 30 CFR 57.15031

(location of self-rescue devices) to its Cote Blanche Underground Salt

Mine (I.D. No. 16-00358) located in St. Mary County, Louisiana. The

petitioner requests a variance to allow supplies of self-rescue devices

to be stored underground in strategic locations and readily accessible

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.

10. ZCA Mines, Inc.

[Docket No. M-97-11-M]

ZCA Mines, Inc., P.O. Box 226, Hailesboro, New York 13645 has filed

a petition to modify the application of 30 CFR 57.11050 (escapeways and

refuges) to its Balmat Mine No. 4 (I.D. No. 30-01185) located in St.

Lawrence County, New York. The petitioner requests a variance to allow

the underground employees to report to the refuge chamber when one of

the hoist becomes inoperable for more than one hour instead of

evacuating the mine. The petitioner states that the No. 4 Mine

personnel can evacuate from the hoisting facility at the No. 4 Mine and

the No. 2 Mine. The petitioner asserts that the proposed alternative

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

the mandatory standard.

11. North American Salt Company

[Docket No. M-97-12-M]

North American Salt Company, P.O. Box 10, Lydia, Louisiana 70569

has filed a petition to modify the application of 30 CFR 57.22603

(blasting from the surface II-A mines) to its Cote Blanche Underground

Salt Mine (I.D. No. 16-00358) located in St. Mary County, Louisiana.

The petitioner requests a modification of the mandatory standard to

allow specially prepared and limited shots of a shaft segment to be

taken while men are underground. The petitioner asserts that the

proposed alternative method would provide at least the same measure of

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 December 5, 1997.

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

Dated: October 24, 1997.

Patricia W. Silvey,

Director, Office of Standards, Regulations, and Variances.

[FR Doc. 97-29189 Filed 11-3-97; 8:45 am]

BILLING CODE 4510-43-P