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. Jim Walter Resources, Inc.

[Docket Nos. M-97-128-C and M-97-129-C]

Jim Walter Resources, Inc., P.O. Box 133, Brookwood, Alabama 35444

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 No. 5 Mine (I.D. No. 01-01322), and its No. 7

Mine (I.D. No. 01-01401) both located in Tuscaloosa County, Alabama.

The petitioner requests that paragraph 11 of its previous petitions,

docket numbers M-85-45-C and M-85-9-C, be amended to read as follows:

Where high-voltage cable that moves during normal operation of the

longwall is damaged to the extent that any metallic component of the

cable is damaged, the cable shall be repaired and the outer jacket of

such repair shall be vulcanized with flame-resistant material. The

petitioner asserts that the proposed alternative method would provide

at least the same measure of protection as would the mandatory

standard.

2. Par L Coal Company

[Docket No. M-97-130-C]

Par L Coal Company, R.D. #1, Box 56A, Hegins, Pennsylvania 17938

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

(4), and (5) (weekly examination) to its Tracy Vein Slope (I.D. No. 36-

08685) located in Schuylkill County, Pennsylvania. Due to hazardous

conditions and roof falls, certain areas of the intake haulage slope

and primary

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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 to 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.

3. Par L Coal Company

[Docket No. M-97-131-C]

Par L Coal Company, R.D. #1, Box 56A, Hegins, Pennsylvania 17938

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

(quantity and location of firefighting equipment) to its Tracy Vein

Slope (I.D. No. 36-08685) 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.

4. Par L Coal Company

[Docket No. M-97-132-C]

Par L Coal Company, R.D. #1, Box 56A, Hegins, Pennsylvania 17938

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

(i) (mine map) to its Tracy Vein Slope (I.D. No. 36-08685) 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.

5. Par L Coal Company

[Docket No. M-97-133-C]

Par L Coal Company, R.D. #1, Box 56A, Hegins, Pennsylvania 17938

has filed a petition to modify the application of 30 CFR 75-1400

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

08685) located in Schuylkill 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.

6. Par L Coal Company

[Docket No. M-97-134-C]

Par L Coal Company, R.D. #1, Box 56A, Hegins, Pennsylvania 17938

has filed a petition to modify the application of 30 CFR 75.1202-1(a)

(temporary notations, revisions, and supplements) to its Tracy Vein

Slope (I.D. No. 36-08685) 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.

7. Turris Coal Company

[Docket No. M-97-135-C]

Turris Coal Company, P.O. Box 21, Elkhart, Illinois 62634 has filed

a petition to modify the application of 30 CFR 75.332(a)(2) (working

sections and working places) to its Elkhart Mine (I.D. No. 11-02664)

located in Logan County, Illinois. The petitioner proposes to use the

gathering arms and conveyor chain of the continuous miner to clean and

load the loose rock and coal that is left on the mine floor after the

continuous miner has completed its cut while the second continuous

miner on the high performance unit simultaneously starts its cut; and

to have the continuous miner maintain the same ventilation and water

sprays required during the cut. The petitioner asserts that the

proposed alternative method would provide at least the same measure of

protection as would the mandatory standard.

8. Jim Walter Resources, Inc.

[Docket No. M-97-136-C]

Jim Walter Resources, Inc. P.O. Box 133, Brookwood, Alabama 35444

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

(trolley wires, trolley feeder wires, high-voltage cables and

transformers) to its No. 3 Mine (I.D. No. 01-00758) located in

Jefferson County, Alabama; and its No. 4 Mine (I.D. No. 01-01247)

located in Tuscaloosa County, Alabama. The petitioner requests that

paragraph 13 of its previous petition, docket number M-93-209-C, be

amended to read as follows: Where a high-voltage cable that moves

during normal operation of the longwall is damaged to the extent that

any metallic component of the cable is damaged, the cable shall be

repaired and the outer jacket of such repair shall be vulcanized with

flame-resistant material. The petitioner asserts that the proposed

alternative method would provide at least the same measure of

protection as would the mandatory standard.

9. Dominion Coal Corporation

[Docket No. M-97-137-C]

Dominion Coal Corporation, P.O. Box 70, Vansant, Virginia 24656 has

filed a petition to modify the application of 30 CFR 75.360(b)(5)

(preshift examination) to its Mine No. 36 (I.D. No. 44-06759) located

in Buchanan County, Virginia. The petitioner requests a variance from

preshift of seals along intake air courses since the intake air passes

by both sides of the seals to ventilate working sections where anyone

is scheduled to work during the oncoming shifts. The petitioner asserts

that application of the mandatory standard would provide at least the

same measure of protection as would the mandatory standard.

10. Consolidation Coal Company

[Docket No. M-97-138-C]

Consolidation Coal Company, Consol Plaza, 1800 Washington Road,

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

application of 30 CFR 75.1906(b) (transport of diesel fuel) to its

Buchanan Mine (I.D. No. 44-04856) located in Buchanan County, Virginia.

The petitioner requests a variance to permit transportation of multiple

safety cans on a single vehicle for certain specified applications. The

petitioner proposes to refuel equipment involved in longwall moves; to

transport multiple safety cans, not to exceed six, by any one vehicle

from the portal bottom or underground storage facility to the longwall

section to refuel equipment; to equip three 20-pound fire extinguishers

on a vehicle transporting more than one safety can filled with diesel

fuel; to equip a manually actuated fire suppression system on a vehicle

transporting more than one safety can filled with diesel fuel; to

provide additional fire protection by a mine-wide computerized CO

detection system; to secure the safety cans in the vehicle by

protective retaining cylinders; to have the vehicle transport only

miners, and

[[Page 2700]]

the vehicle operator while transporting diesel-filled safety cans; and

to transfer the diesel fuel from the safety cans to equipment fuel

tanks upon arrival on the longwall section. The petitioner states that

the safety cans would not be stored on the longwall section; and that

following refueling, the empty safety cans would be returned to the

vehicle and transported to the surface or underground storage facility.

The petitioner asserts that the proposed alternative method would

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

standard.

11. Energy West Mining Company

[Docket No. M-97-139-C]

Energy West Mining Company, P.O. Box 310, Huntington, Utah 84528

has filed a petition to modify the application of 30 CFR 75.350 (air

courses and belt haulage entries) to its Trail Mountain Mine (I.D. No.

42-01211) located in Emery County, Utah. The petitioner requests that

Item (o) of the Proposed Decision and Order for its previously granted

petition, docket number M-94-166-C, be amended to incorporate new

language specified 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.

12. Energy West Mining Company

[Docket No. M-97-140-C]

Energy West Mining Company, P.O. Box 310, Huntington, Utah 84528

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

air courses) to its Trail Mountain Mine (I.D. No. 42-01211) located in

Emery County, Utah. The petitioner requests that Item (o) of the

Proposed Decision and Order for its previously granted petition, docket

number M-94-167-C, be amended to incorporate new language specified 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.

13. M & M Anthracite Coal Company

[Docket No. M-97-141-C]

M & M Anthracite Coal Company, 245 2nd Street, Tremont,

Pennsylvania 17981 has filed a petition to modify the application of 30

CFR 75.1400 (hoisting equipment; general) to its Little Tracey Slope

(I.D. No. 36-08693) located in Schuylkill 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.

14. Elk Run Coal Company

[Docket No. M-97-142-C]

Elk Run Coal Company, Box 497, Sylvester, West Virginia 25193 has

filed a petition to modify the application of 30 CFR 75.503

(permissible electric face equipment; maintenance) to its Laurel Eagle

Mine (I.D. No. 46-08181) located in Raleigh County, West Virginia; and

its Black Knight II Mine (I.D. No. 46-08402) located in Boone County,

West Virginia. The petitioner proposes to use permanently installed,

spring-loaded locking devices on mobile battery-powered machines to

prevent unintentional loosening of battery plugs from battery

receptacles in order to eliminate the hazards associated with difficult

removal of padlocks during emergency situations, instead of using

padlocks. 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.

15. Tg Soda Ash, Inc.

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

Tg Soda Ash, Inc., P.O. Box 100, Granger, Wyoming 82934 has filed a

petition to modify the application of 30 CFR 57.22305 (approved

equipment (III mines) to its Wyoming Soda Ash Trona Mine (I.D. No. 48-

00639) located in Sweetwater County, Wyoming. The petitioner proposes

to operate a non-permissible pump in an area of the mine that was

previously a shortwall panel. The petitioner proposes to operate

approved equipment in by the last open break or in areas where methane

may enter the airstream. The petitioner asserts that the proposed

alternative method would provide at least the same measure of

protection as would the mandatory standard.

16. Getchell Gold Corporation

[Docket No. M-97-14-M]

Getchell Gold Corporation, P.O. Box 220, 28 Miles N.E., Golconda,

Nevada 89414 has filed a petition to modify the application of 30 CFR

57.14130 (roll-over protective structures (ROPS) and seat belts for

surface equipment) to its Getchell Mine (I.D. No. 26-02233) located in

Humboldt County, Nevada. The petitioner requests variance from the use

of the ROPS portion of the mandatory standard for its John Deere Model

570B Grader, serial number DW570BX5544565 and the Caterpillar D3C

Dozer, serial number 6SL0153 equipment used primarily underground. The

petitioner asserts that using this equipment underground without

rollover protection would present a minimum exposure to the miners.

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 February 17, 1998.

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

Dated: January 13, 1998.

Patricia W. Silvey,

Director, Office of Standards, Regulations, and Variances.

[FR Doc. 98-1152 Filed 1-15-98; 8:45 am]

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