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. Day Mining, Inc.

[Docket No. M-98-01-C]

Day Mining, Inc., 430 Harper Pike Drive, Beckley, West Virginia

25801 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 Day Mining Mine (I.D. No. 46-05437) located in

Kanawha County, West Virginia. The petitioner proposes to use 2,400

volt cables to power high-voltage longwall equipment. The petitioner

asserts that the proposed alternative method would provide at least the

same measure of protection as would the mandatory standard.

2. Mountain Coal Company

[Docket No. M-98-02-C]

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

filed a petition to modify the application of 30 CFR 75.380(d)(5)

(escapeways; bituminous and lignite mines) to its West Elk Mine (I.D.

No. 05-03672) located in Gunnison County, Colorado. The petitioner

requests a modification of the mandatory standard to allow the

temporary continued use of F-Seam portals as the designated primary

escapeway rather than using an intake air shaft (designated as Shaft

#3) located in B-Seam at crosscut #11 in Box Canyon Mains. The

petitioner states that the F-Seam portals would continue to be

designated as the primary escapeway until Shaft #1 is completed which

is expected to be April 1999, and that application of the mandatory

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.

3. Pine Ridge Coal Company

[Docket No. M-98-03-C and M-98-04-C]

Pine Ridge Coal Company, 810 Laidley Tower, P.O. Box 1233,

Charleston, West Virginia has filed a petitions to modify the

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

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

No. 16 Mine (I.D. No. 46-07908) and its Robin Hood No. 9 Mine (I.D. No.

46-02143) both located in Boone County, West Virginia. The petitioner

proposes to use 2,400 volt cables to power high-voltage equipment inby

the last open crosscut at continuous miner sections. The petitioner

asserts that the proposed alternative method would provide at least the

same measure of protection as would the mandatory standard.

4. Oxbow Carbon and Minerals, Inc.

[Docket No. M-98-05-C]

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

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

75.360(c)(1) (preshift examination) to its Sanborn Creek Mine (I.D. No.

05-04452) located in Gunnison County, Colorado. The petitioner requests

a modification of the mandatory standard to allow the determination of

the air volume in the last open crosscut to be measured in the return

aircourse between the last open crosscut and the second to 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.

5. Arclar Company

[Docket No. M-98-06-C]

Arclar Company, P.O. Box 444, Harrisburg, Illinois 62946 has filed

a petition to modify the application of 30 CFR 75.364(b)(2) (weekly

examination) to its Big Ridge Mine (I.D. No. 11-02879) located in

Saline County, Illinois. Due to hazardous roof conditions, examining

the return aircourse in its entirety would be unsafe. The petitioner

proposes to examine the volume of air, percentage of methane, and

hazardous conditions on both sides of the roof fall on a preshift

schedule to ensure that ventilation of the active places are maintained

without diminution of safety to the miners on unit and eliminate others

from being placed in unsafe conditions to rehabilitate the affected

area; and to install mandoors in the stopping line on each side of the

fall to allow access into the affected area. The petitioner asserts

that the proposed alternative method would provide at least the same

measure of protection as would the mandatory standard.

6. Left Fork Mining Company, Inc.

[Docket No. M-98-07-C]

Left Fork Mining Company, Inc., P.O. Box 405, Arjay, Kentucky 40902

has filed a petition to modify the application of 30 CFR 75.380(h), and

(i)(2) (escapeways; bituminous and lignite mines) to its Straight Creek

Mine No. 1 (I.D. No. 15-12564) located in Bell County, Kentucky. The

petitioner proposes to use the slope entry which is separated from the

primary escapeway by a pressure difference, and where air comes in at a

separate portal, as part of its alternate escapeway. The petitioner

asserts that the proposed alternative method would provide at least the

same measure of protection as would the mandatory standard.

7. FKZ Coal, Inc.

[Docket No. M-98-08-C]

FKZ Coal, Inc., 119 Greenwood Street, Trevorton, Pennsylvania 17881

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

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

(I.D. No. 36-08637) 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. FKZ Coal, Inc.

[Docket No. M-98-09-C]

FKZ Coal, Inc., 119 Greenwood Street, Trevorton, Pennsylvania 17881

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

construction) to its No. 1 Slope (I.D. No. 36-08637) located in

Northumberland 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. FKZ Coal, Inc.

[Docket No. M-98-10-C]

FKZ Coal, Inc., 119 Greenwood Street, Trevorton, Pennsylvania 17881

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

and (i) (mine map) to its No. 1 Slope (I.D. No. 36-08637) located in

Northumberland County, Pennsylvania. The petitioner proposes to use

cross-sections instead of contour

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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.

10. FKZ Coal, Inc.

[Docket No. M-98-11-C]

FKZ Coal, Inc., 119 Greenwood Street, Trevorton, Pennsylvania 17881

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

(quantity and location of firefighting equipment) to its No. 1 Slope

(I.D. No. 36-08637) 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.

11. FKZ Coal, Inc.

[Docket No. M-98-12-C]

FKZ Coal, Inc., 119 Greenwood Street, Trevorton, Pennsylvania 17881

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

(hoisting equipment; general) to its No. 1 Slope (I.D. No. 36-08637)

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.

12. Dunkard Mining Company

[Docket No. M-98-13-C]

Dunkard Mining Company, Box 8, Dilliner, Pennsylvania 15327 has

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

(weekly examination) to its Dunkard Mine (I.D. No. 36-01301) located in

Greene County, Pennsylvania. Due to hazardous roof conditions, certain

areas of the intake aircourse cannot be traveled safely. The petitioner

proposes to test for methane and the quantity and quality of air by

establishing monitoring points No. 1 and No. 2 which would be monitored

weekly. The petitioner asserts that the proposed alternative method

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

mandatory standard.

13. Consolidation Coal Company

[Docket No. M-98-14-C and M-98-15-C]

Consolidation Coal Company, Consol Plaza, 1800 Washington Road,

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

application of 30 CFR 75.1700 (oil and gas wells) to its Blacksville

No. 2 Mine (I.D. No. 46-01968) located in Monongalia County, West

Virginia, and its Robinson Run No. 95 Mine (I.D. No. 46-01318) located

in Harrison County, West Virginia. The petitioner proposes to seal the

Pittsburgh Coal Seam from the surrounding strata at the affected wells

by using technology developed through Consolidation Coal Company's

successful well-plugging program instead of establishing and

maintaining barriers around oil and gas wells. The petitioner asserts

that the proposed alternative method would provide at least the same

measure of protection as would the mandatory standard.

14. G & P Contractors, Inc.

[Docket No. M-98-16-C]

G & P Contractors, Inc., Route 1, Box 419-A1, Gray, Kentucky 40734

has filed a petition to modify the application of 30 CFR

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

Goodin Creek Mine (I.D. No. 15-17980) located in Knox County, Kentucky.

The petitioner requests relief from using fire suppression systems on

its three wheel Mescher tractors. The petitioner proposes to install

two five pound or one ten pound portable chemical fire extinguisher in

the operator's deck of each Mescher tractor operated at the mine and to

have this fire extinguisher readily accessible to the operator; to have

the equipment operator inspect each fire extinguisher daily prior to

entering the escapeway; to keep at the mine a daily record of the

inspection; to have a sufficient number of spare fire extinguishers

maintained at the mine in case a fire extinguisher becomes defective;

and to provide training to each employee operating the Mescher tractor

on the proper procedures for conducting daily inspections of the fire

extinguisher. The petitioner asserts that the proposed alternative

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

the mandatory standard.

15. Lodestar Energy, Inc.

[Docket No. M-98-17-C]

Lodestar Energy, Inc., P.O. Box 448, Clay, Kentucky 42404 has filed

a petition to modify the application of 30 CFR 75.380(d)(1)

(escapeways; bituminous and lignite mines) to its Wheatcroft Mine (I.D.

No. 15-13920) located in Webster County, Kentucky. The petitioner

proposes to have a minimum of 4-feet of clearance on a secondary

escapeway at its Wheatcroft mine. The petitioner asserts that no

diminution of safety would occur to the miners as a result of this

reduction in clearance.

16. G & P Contractors, Inc.

[Docket No. M-98-18-C]

G & P Contractors, Inc., Route 1, Box 419-A1, Gray, Kentucky 40734

has filed a petition to modify the application of 30 CFR 75.342

(methane monitors) to its Goodin Creek Mine (I.D. No. 15-17980) located

in Knox County, Kentucky. The petitioner proposes to use hand-held

continuous-duty methane and oxygen detectors instead of machine-mounted

methane monitors on permissible three-wheel tractors with drag bottom

buckets. The petitioner asserts that the proposed alternative method

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

mandatory standard.

17. Echo Bay Minerals Company

[Docket No. M-98-01-M]

Echo Bay Minerals Company, 921 Fish Hatchery Road, Republic,

Washington 99166 has filed a petition to modify the application of 30

CFR 57.11050 (escapeways and refuges) to its Lamefoot Mine (I.D. No.

45-03265) located in Ferry County, Washington. The petitioner propose

to use a refuge chamber on each level of its mine which is not accessed

by the existing secondary escapeway. The petitioner states that these

refuge chambers would have dedicated air and communication lines, with

supplied air bottles, first aid-equipment (stretchers, blankets, and

trauma kits), meals-ready-to-eat, and drinking water. The petitioner

asserts that application of the mandatory standard would result in a

diminution of safety to the miners.

Request for Comments

Persons interested in these petitions are encouraged to submit

comments via e-mail to ``[email protected]'', or on a computer disk

along with an original hard copy to the Office of Standards,

Regulations, and Variances, Mine Safety and Health Administration, 4015

Wilson Boulevard, Room 627,

[[Page 11698]]

Arlington, Virginia 22203. All comments must be postmarked or received

in that office on or before April 9, 1998. Copies of these petitions

are available for inspection at that address.

Dated: February 27, 1998.

Patricia W. Silvey,

Director, Office of Standards, Regulations, and Variances.

[FR Doc. 98-6015 Filed 3-9-98; 8:45 am]

BILLING CODE 4510-43-P