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. Clark Elkhorn Mining Company

[Docket No. M-96-204-C]

Clark Elkhorn Mining Company, P.O. Box 2805, Pikeville, Kentucky

41502 has filed a petition to modify the application of 30 CFR 75.308

(boreholes in advance of mining) to its Ratliff Mine No. 111 (I.D. No.

15-17776) located in Pike County, Kentucky. The petitioner requests a

waiver of the mandatory standard to allow borehole drilling at

distances greater than 50 feet from the Hopkins Creek Coal Company's

Mine No. 1 (I.D. No. 15-11602). The petitioner states that application

of the standard would result in a diminution of safety 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.

2. Brookside Coal Company

[Docket No. M-96-205-C]

Brookside Coal Company, Box 64, Spring Glen, Pennsylvania 17978 has

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

(mine maps) to its Diamond Slope (I.D. No. 36-08456) 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.

3. Brookside Coal Company

[Docket No. M-96-206-C]

Brookside Coal Company, Box 64, Spring Glen, Pennsylvania 17978 has

filed a petition to modify the application of 30 CFR 75.360 (preshift

examination) to its Diamond Slope (I.D. No. 36-08456) located in

Schuylkill County, Pennsylvania. The petitioner proposes to visually

examine each seal for physical damage from the slope gunboat during the

preshift examination after an air quantity 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

workings. The petitioner 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. Brookside Coal Company

[Docket No. M-96-207-C]

Brookside Coal Company, Box 64, Spring Glen, Pennsylvania 17978 has

filed a petition to modify the application of 30 CFR 75.364(b)(1), (4)

and (5) (weekly examination) to its Diamond Slope (I.D. No. 36-08456)

located in Schuylkill 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

the areas from the gunboat/slope car with an alternative air quality

evaluation at the section's intake level, and travel and throughly

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. Brookside Coal Company

[Docket No. M-96-208-C]

Brookside Coal Company, Box 64, Spring Glen, Pennsylvania 17978 has

filed a petition to modify the application of 30 CFR 75.1002-1

(location of other electrical equipment; requirements for

permissibility) to its Diamond Slope (I.D. No. 36-08456) located in

Schuylkill County, Pennsylvania. The petitioner requests a modification

of the standard to permit use of non-permissible electric equipment

within 150 feet of the pillar line due in part to the method of mining

used in pitching anthracite mines. As an alternative, the petitioner

proposes to evaluate the mine air quality for methane on an hourly

basis during operation and record one of the gas test results in the

on-shift examination record. The petitioner also proposes to suspend

equipment operation anytime the methane concentration at the equipment

reaches 0.5 percent or when found during a preshift examination. The

petitioner asserts that the proposed alternative method would provide

at least the same measure of protection as would the mandatory

standard.

6. Brookside Coal Company

[Docket No. M-96-209-C]

Brookside Coal Company, Box 64, Spring Glen, Pennsylvania 17978 has

filed a petition to modify the application of 30 CFR 75.1100 (quantity

and location of firefighting equipment) to its Diamond Slope (I.D. No.

36-08456) 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.

7. Brookside Coal Company

[Docket No. M-96-210-C]

Brookside Coal Company, Box 64, Spring Glen, Pennsylvania 17978 has

filed a petition to modify the

[[Page 11926]]

application of 30 CFR 75.1201-1(a) (temporary notations, revisions, and

supplements) to its Diamond Slope (I.D. No. 36-08456) 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.

8. Brookside Coal Company

[Docket No. M-96-211-C]

Brookside Coal Company, Box 64, Spring Glen, Pennsylvania 17978 has

filed a petition to modify the application of 30 CFR 75.335

(construction of seals) to its Diamond Slope (I.D. No. 36-08456)

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.

9. Consolidation Coal Company

[Docket No. M-97-01-C]

Consolidation Coal Company, Consol Plaza, 1800 Washington Road,

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

application of 30 CFR 75.1002 (location of trolley wires, trolley

feeder wires, high-voltage cables and transformers) to its Shoemaker

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

petitioner proposes to use high-voltage (4,160 volt) cables inby the

last open crosscut. The petitioner asserts that the proposed

alternative method would provide at least the same measure of

protection as would the mandatory standard.

10. Eastern Associated Coal Corporation

[Docket No. M-97-02-C]

Eastern Associated Coal Corporation, 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 Federal

No. 2 Mine (I.D. No. 46-01456) located in Monongalia County, West

Virginia. The petitioner requests amendments to its previously granted

petition for modification (Docket No. M-92-120-C) which was filed to

allow checkpoints instead of examining portions of the mine that were

inaccessible due to adverse roof conditions. The petitioner states that

a portion of the mine has been sealed thus eliminating the need for

certain checkpoints; that checkpoints 3, 4, 7, and 8 are now behind

seals and therefore are no longer necessary; and that checkpoints 5 and

6 that were used to evaluate a return air course from 2 West Mains will

be eliminated due to rehabilitation and ventilation changes in the seal

project which is now being examined as required. The petitioner asserts

that the proposed alternative method would provide at least the same

measure of protection as would the mandatory standard.

11. CONSOL of Kentucky, Inc.

[Docket No. M-97-03-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 (water sprinkler systems; arrangement of

sprinklers) to its Jones Fork 13A-H4 Mine (I.D. No. 15-17885) located

in Knott County, Kentucky. The petitioner proposes to use a single

overhead pipe system with 1/2-inch orifice automatic sprinklers located

on 10-foot centers, to cover 50 feet of fire-resistant belt or 150 feet

of non-fire resistant belt, with actuation temperatures between 200 and

230 degrees Fahrenheit and with water pressure equal to or greater than

10 psi; and to have the sprinklers located 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. The petitioner

asserts that the proposed alternative method would provide at least the

same measure of protection as would the mandatory standard.

12. Marrowbone Development Company

[Docket No. M-97-04-C]

Marrowbone Development Company, P.O. Box 119, Naugatuck, West

Virginia 25685 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 Big Branch Mine (I.D. No. 46-05978)

located in Mingo County, West Virginia. The petitioner proposes to use

(2,300 volt) a.c. electricity to power continuous mining equipment. The

petitioner asserts that the proposed alternative method would provide

at least the same measure of protection as would the mandatory

standard.

13. Powderhorn Coal Company

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

Powderhorn Coal Company, 701 Market Street, Suite 700, St. Louis,

Missouri 63101-1826 has filed a petition to modify the application of

30 CFR 75.350 (air courses and belt haulage entries) to its Roadside

Mine (I.D. No. 05-03012) located in Mesa County, Colorado. The

petitioner requests a modification of the standard to permit the use of

belt air to ventilate active working places. The petitioner proposes to

install a low-level carbon monoxide detection system as an early

warning fire detection system in all belt entries used as intake air

courses. The petitioner asserts that the proposed alternative method

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

mandatory standard.

14. Philippi Development, Inc.

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

Philippi Development, Inc., Route 3 Box 146, Philippi, West

Virginia 26416 has filed a petition to modify the application of 30 CFR

75.364(b)(2) (weekly examination) to its Sentinel Mine (I.D. No. 46-

04168) located in Barbour County, West Virginia. The petitioner

proposes to establish an inlet evaluation point along with an outlet

evaluation point at which every seven days a certified person would

measure methane and oxygen concentrations, air quantity, make tests to

determine if the air is moving in its proper direction and record the

results in a book provided on the surface. The petitioner asserts that

the proposed alternative method would provide at least the same measure

of protection as would the mandatory standard.

15. Laurel Coal Company

[Docket No. M-97-07-C and M-97-08-C]

Laurel Coal Company, P.O. Box 780, Danville, West Virginia 25053

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

(permissible electric face equipment; maintenance) to its 7A Mine (I.D.

No. 46-08566), and its Coalburg 9A Mine (I.D. No. 46-08002) both

located in Logan County, West Virginia. The petitioner proposes to

replace a padlock on battery plug connectors on mobile battery-powered

machines with a threaded ring and a spring loaded device to prevent the

plug connector from accidently disengaging while under load. The

petitioner asserts that

[[Page 11927]]

the proposed alternative method would provide at least the same measure

of protection as would the mandatory standard.

16. K & L Coal Company

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

K & L Coal Company, Box 266, R.D. #1, Shamokin, Pennsylvania 17872

has filed a petition to modify the application of 30 CFR 75.1100-2

(quantity and location of firefighting equipment) to its No. 10 Slope

(I.D. No. 36-06649) 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.

17. White Oak Mining & Construction Company, Inc.

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

White Oak Mining & Construction Company, Inc., Scofield P.O. Box

60, Helper, Utah 84526 has filed a petition to modify the application

of 30 CFR 75.362(d)(2) (on-shift examination) to its White Oak No. 2

Mine (I.D. No. 42-01280) located in Carbon County, Utah. The petitioner

proposes to make tests for methane at least two rows of roof bolts

outby the last complete row of permanent supports. 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.

18. Consol Pennsylvania Coal Company

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

Consol Pennsylvania 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 Bailey Mine (I.D. No. 36-07230) located

in Greene County, Pennsylvania. The petitioner requests a modification

of the standard to permit the maximum lengths of the loading machine,

roof bolter, and section ventilation fan trailing cables supplying

equipment from 480-volt alternating current systems to be increased to

800 feet. The petitioner asserts that the proposed alternative method

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

mandatory standard.

19. Paramont Coal Corporation

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

Paramont Coal Corporation, P.O. Box 7, Dante, Virginia 24237 has

filed a petition to modify the application of 30 CFR 77.214(a) (refuse

piles; general) to its Deep Mine 24 (I.D. No. 44-06802) located in Wise

County, Virginia. The petitioner proposes to backfill the existing

highwall with scalp rock in an area containing abandoned mine openings.

The petitioner has outlined in this petition specific methods to be

used for sealing the mine openings. The petitioner asserts that the

proposed alternative method would provide at least the same measure of

protection as would the mandatory standard.

20. Cannelton Industries, Inc.

[Docket No. M-97-13-C]

Cannelton Industries, Inc., One Oxford Centre, 301 Grant Street,

20th Floor, Pittsburgh, Pennsylvania 15219-1410 has filed a petition to

modify the application of 30 CFR 75.362(d)(2) (on-shift examinations)

to its Mine No. 145 (I.D. No. 46-08592) located in Kanawha County, West

Virginia. The petitioner proposes to take methane tests at the face

from under permanent roof support, or when such test is not appropriate

because the last row of permanent support is sufficiently back from the

face, using a probe with a maximum extension of 20 feet in working

places before a continuous miner is taken in the place or energized; to

take methane tests at the next to last row of permanent roof supports

every two minutes and use a 20 foot probe to check for methane and if

the methane is less than 1.0 percent mining will begin again, and if

the methane is not less than 1.0 percent, adjustments in ventilation

would be made until it is reduced below 1.0 percent in working places

where continuous miners are operating. 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.

21. Genwal Resources, Inc.

[Docket No. M-97-14-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 75.1002 (location of trolley wires, trolley feeder wires,

high-voltage cables and transformers) to its Crandall Canyon Mine (I.D.

No. 42-01715) located in Emery County, Utah. The petitioner proposes to

use high-voltage (2400 volts) operated equipment inby the last open

crosscut at the working longwall sections. The petitioner states that

application of the standard would result in 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.

22. Mettiki Coal Corporation

[Docket No. M-97-15-C]

Mettiki Coal Corporation, 293 Table Rock Road, Oakland, Maryland

21550 has filed a petition to modify the application of 30 CFR 75.352

(return air courses) to its Mettiki Mine (I.D. No. 18-00621) located in

Garrett County, Maryland. The petitioner requests a modification of the

standard to permit two-entry development of the headgate for the No. 25

Longwall panel; and to permit belt entries to be used for ventilation

purposes, using specific requirements outlined in granted petition 30

CFR 75.326 (now 30 CFR 75.350) Docket No. M-90-41-C, while developing

the two-entry system. The petitioner proposes to install low-level

carbon monoxide sensors as an early warning fire-detection system in

the intake escapeway entry and in the belt entry at specific locations

outlined in this petition. The petitioner asserts that the proposed

alternative method would provide at least the same measure of

protection as would the mandatory standard.

23. Cyprus Cumberland Resources Corporation

[Docket No. M-97-16-C]

Cyprus Cumberland Resources Corporation, One Oxford Centre, 301

Grant Street, 20th Floor, Pittsburgh, Pennsylvania 15219-1410 has filed

a petition to modify the application of 30 CFR 75.312 (c) & (d) (main

mine fans examinations and records) to its Cumberland Mine (I.D. No.

36-05018) located in Greene County, Pennsylvania. The petitioner

requests a modification to permit persons other than those specified in

the mandatory standard to enter and work underground on the shift that

monthly fan examinations are being conducted and notify all persons

prior to the start of the shift that fan examinations are going to be

made and give them access to the mine communications system; and to

have the person conducting the inspection contact the anchorman on the

surface

[[Page 11928]]

and inform him that fan tests are about to begin at each fan location.

The petitioner asserts that the proposed alternative method would

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

standard.

24. The Rosebud Mining Company LLC

[Docket No. M-97-01-M]

The Rosebud Mining Company LLC, P.O. Box, Winnemucca, Nevada 89446

has filed a petition to modify the application of 30 CFR 57.9300(a)

(berms or guardrails) to its Rosebud Unit Mine (I.D. No. 26-02241)

located in Humboldt County, Nevada. The petitioner proposes to place

posts along the edges of the roadway in order to better delineate the

edge of the road. The petitioner states that installation of berms

would reduce the amount of roadway and diminish safety by increasing

the possibility of accidental collisions. The petitioner states 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 April 14, 1997.

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

Dated: March 6, 1997.

Patricia W. Silvey,

Director, Office of Standards, Regulations, and Variances.

[FR Doc. 97-6372 Filed 3-12-97; 8:45 am]

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