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. Mountain Coal Company

[Docket No. M-97-117-C]

Mountain Coal Company, P.O. Box 591, Somerset, Colorado 81434 has

filed a petition to modify the application of 30 CFR 75.1906(e) and (f)

(transport of diesel fuel) to its West Elk Mine (I.D. No. 05-03672)

located in Gunnison County, Colorado. The petitioner proposes to use

1700 gallons of diesel fuel that would be transported at one time on a

diesel fuel transportation unit with the tank permanently fixed to the

unit, with a total capacity no greater than 1700 gallons of diesel

fuel. The petitioner asserts that the proposed alternative method would

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

standard.

2. Arch of Kentucky

[Docket No. M-97-118-C]

Arch of Kentucky, P.O. Box 787, Lynch, Kentucky 40855 has filed a

petition to modify the application of 30 CFR 75.360(b)(9) (preshift

examination) to its 37 Mine (I.D. No. 15-04670) located in Harlan

County, Kentucky. The petitioner requests a variance for three

different isolated locations involving dewatering pumps and the

associated electrics located at the 95 and 96 Crosscuts--Main Track

Heading, the 150 Crosscut--Main Track Heading, and the 34 Crosscut L-

14. The petitioner proposes to have the electrical installations

ventilated by a separate intake split of air that would be ventilated

directly into the return where no employees regularly work in the

vicinity or by the electrical installations; to install a carbon

monoxide detection sensor at each location that would be monitored at

all times while employees are underground and to implement the preshift

requirement in the event the carbon monoxide system becomes

inoperative, until the system is repaired; and to inspect the

electrical installations for hazardous conditions on a weekly basis.

The petitioner states that the excessive travel to the three locations

specified in this petition would result in a diminution of safety

because the fireboss is traveling alone each shift for long distances

to remote areas of the mine.

3. The Pittsburg & Midway Coal Mining Company

[Docket No. M-97-119-C]

The Pittsburg & Midway Coal Mining Company, P.O. Box 6518,

Englewood, Colorado 80155-6518 has filed a petition to modify the

application of 30 CFR 75.503 (permissible electric face equipment;

maintenance) to its Sebree #1 Mine (I.D. No. 15-17044) located in

Webster County, Kentucky. The petitioner requests a variance to allow

the use of a spring-loaded device with specific fastening

characteristics with its fastening configuration to secure plugs and

electrical-type connectors to batteries and to the permissible mobile-

powered equipment, which the batteries serve, instead of using a

padlock. The petitioner asserts that the proposed alternative method

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

mandatory standard.

4. Island Creek Coal Company

[Docket No. M-97-120-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 75.1905-1(g) (diesel fuel piping system) to its

Ohio No. 11 Mine (I.D. No. 15-03178) located in Union County, Kentucky.

The petitioner requests a variance to permit the transportation of

diesel fuel from a surface diesel fuel oil storage tank directly into

the fuel tank of individual units of underground diesel equipment. The

petitioner has listed specific procedures in this petition for

implementing its alternative method of transporting fuel from the

surface to underground diesel equipment. The petitioner asserts that

the proposed alternative method would provide at least the same measure

of protection as would the mandatory standard.

5. Consol of Kentucky, Inc.

[Docket No. M-97-121-C]

Consol of Kentucky, Inc., Consol Plaza, 1800 Washington Road,

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

application of 30 CFR 75.1101-8 (water sprinkler systems; arrangement

of sprinklers) to its Ridge No. 8 Mine (I.D. No. 15-17972) located in

Floyd County, Kentucky. The petitioner requests a variance to permit

the use of a single line of automatic sprinklers for its fire

protection system on main and secondary belt conveyors. The petitioner

proposes to use a single overhead pipe system with \1/2\-inch orifice

automatic sprinklers located on 10-foot centers, located to cover 50

feet

[[Page 63728]]

of fire-resistant belt or 150 feet of non-fire resistant belt, with

actuation temperatures between 200 to 230 degrees Fahrenheit, and with

water pressure equal to or greater than 10 psi; to locate the

sprinklers not more than 10 feet apart so that the discharge of water

will extend over the belt drive, belt take-up, electrical control, and

gear reducing unit; to conduct a test using the specific procedures

outlined in this petition during the installation of each new system,

during any subsequent repair or replacement of any critical part, and

annually to ensure proper operation. The petitioner asserts that the

proposed alternative method would provide at least the same measure of

protection as would the mandatory standard.

6. Consolidation Coal Company

[Docket No. M-97-122-C]

Consolidation Coal Company, Consol Plaza, 1800 Washington Road,

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

application of 30 CFR 75.380(f)(4) (escapeways; bituminous and lignite

mines) to its Blacksville No. 2 Mine (I.D. No. 46-01968), Humphrey No.

7 Mine (I.D. No. 46-01453), and Loveridge No. 22 Mine (I.D. No. 46-

01433) all located in Monongalia County, West Virginia; to its Dilworth

Mine (I.D. No. 36-04281) located in Greene County, Pennsylvania; and

its Robinson Run No. 95 Mine (I.D. No. 46-01318) located in Harrison

County, West Virginia. The petitioner proposes to use fire resistant

hydraulic fluid instead of fire suppression on mobile equipment

operated in the primary escapeway. The petitioner proposes to operate

mobile equipment in a primary escapeway using fire resistant fluid, and

to equip such equipment with a 20 pound dry chemical fire extinguisher;

to have a qualified person examine batteries, electrical cables and

brake equipment on a weekly basis; to maintain dry chemical fire

extinguishers on the mobile equipment operated in the primary escapeway

in usable and operative condition; to instruct mobile equipment

operators to conduct a pre-operational check of the equipment prior to

operation in the primary escapeway; and to instruct mobile equipment

operators on an annual basis on the fire-fighting plan, the use of dry

chemical fire extinguishers, and the requirements of any decision and

order issued on this petition. The petitioner asserts that the proposed

alternative method would provide at least the same measure of

protection as would the mandatory standard.

7. Del Rio, Inc.

[Docket No. M-97-123-C]

Del Rio, Inc., P.O. Box 2218, Middlesboro, Kentucky 40965 has filed

a petition to modify the application of 30 CFR 75.1405 (automatic

couplers) to its Mine DR #7 (I.D. No. 15-17607), and its Mine DR #8

(I.D. No. 15-17951) both located in Bell County, Kentucky. The

petitioner proposes to use a 9 foot steel tongue to couple the motor to

the flatcar instead of using automatic couplers. The petitioner states

that due to mining heights, flatcars instead of regular supply cars are

being used in their mine to haul supplies. The petitioner asserts that

the proposed alternative method would provide at least the same measure

of protection as would the mandatory standard.

8. BR&D Enterprises, Inc.

[Docket No. M-97-124-C]

BR&D Enterprises, Inc., P.O. Box 2218, Middlesboro, Kentucky 40965

has filed a petition to modify the application of 30 CFR 75.1405

(automatic couplers) to its Mine BR&D #1, (I.D. No. 15-17907), and its

Mine BR&D #2 (I.D. No. 15-17908) both located in Bell County, Kentucky.

The petitioner proposes to use a 9 foot steel tongue to couple the

motor to the flatcar instead of using automatic couplers. The

petitioner states that due to mining heights, flatcars instead of

regular supply cars are being used in their mine to haul supplies. The

petitioner asserts that the proposed alternative method would provide

at least the same measure of protection as would the mandatory

standard.

9. Island Creek Coal Company

[Docket No. M-97-125-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 75.503 (permissible electric face equipment;

maintenance) to its Ohio No. 11 Mine (I.D. No. 15-03178) located in

Union County, Kentucky. The petitioner proposes to use a spring-loaded

metal locking device instead of padlocks to secure battery charging

plugs to machine-mounted battery receptacles on permissible, mobile,

battery-powered scoop cars. The petitioner has outlined in this

petition specific procedures for implementation of its alternative

method of using a spring-loaded locking device. The petitioner asserts

that the proposed alternative method would provide at least the same

measure of protection as would the mandatory standard.

10. Bass Energy, Inc.

[Docket No. M-97-126-C]

Bass Energy, Inc. P.O. Box 206, Bruceton Mills, West Virginia 26525

has filed a petition to modify the application of 30 CFR

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

No. 1 (I.D. No. 46-01162) located in Upshur County, West Virginia. Due

to adverse roof conditions along the beltlines, the petitioner has

installed additional roof support to protect the affected areas which

has caused the walkway to be narrowed down to less than four feet at

specific beltline locations. The petitioner states that where possible,

the escapeway has been re-routed to another entry with common air and

properly marked, start-stop switches have been installed inby and outby

where individuals would have to cross the beltline, and that close

clearance signs have been posted to caution individuals of the narrow

walkway. The petitioner asserts that the proposed alternative method

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

mandatory standard.

11. Genwal Resources, Inc.

[Docket No. M-97-127-C]

Genwal Resources, Inc., P.O. Box 1420, 195 North 100 West,

Huntington, Utah 84528 has filed a petition to modify the application

of 30 CFR 75.1101-8 (water sprinkler systems; arrangement of

sprinklers) to its Crandall Canyon Mine (I.D. No. 42-01715) located in

Emery County, Utah. The petitioner requests a variance to permit the

use of a water sprinkler system with a single overhead pipe system and

automatic sprinklers located not more than 10 feet apart so that the

water discharged from the sprinklers will cover 50 feet of fire

resistant belt, or 150 feet of non-fire resistant belt adjacent to the

belt drive; and to permit automatic sprinklers to be located not more

that 10 feet apart so that water discharged from the sprinkler(s) will

cover the drive motor(s), belt take-up electrical controls, and gear

reducing unit for each belt drive. The petitioner proposes to conduct a

functional test to ensure proper operation during the installation of

each new system and during subsequent repair or replacement of any

critical part; and to submit to the District Manager proposed revisions

to their Part 48 training plan that would specify initial and refresher

training for compliance to this petition. The petitioner asserts that

the proposed alternative method would provide at least the same measure

of protection as would the mandatory standard.

[[Page 63729]]

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 January 2, 1998.

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

Dated: November 20, 1997.

Patricia W. Silvey,

Director, Office of Standards, Regulations, and Variances.

[FR Doc. 97-31580 Filed 12-1-97; 8:45 am]

BILLING CODE 4510-43-P