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. Snyder Coal Company

[Docket No. M-1999-030-C]

Snyder Coal Company, 66 Snyder Lane, Hegins, Pennsylvania 17938 has

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

examination) to its Rattling Run Slope (I.D. No. 36-08713) located in

Schuylkill County, Pennsylvania. The petitioner requests a modification

of the mandatory standard to permit: (i) An alternative method of

examination and evaluation including a visual examination of each seal

for physical damage from the slope gunboat during the preshift

examination after an air quantity reading is taken just inby the intake

portal; (ii) an additional air reading and gas test for methane, carbon

dioxide and oxygen deficiency to be taken at the intake air split

location(s) just off the slope in the gangway portion of the working

section; and (iii) the examiner reading the air and gas test to record

the date, time, his/her initials, and the results of the readings at

these locations prior to anyone entering the mine. The petitioner

states that regardless of conditions found at the section evaluation

point, the slope will be traveled and physically examined in its

entirety on a monthly basis with the dates, times, and initials placed

at sufficient locations, the results of the examination will be

maintained on the surface, and all hazards will be corrected prior to

transporting personnel into the slope. The petitioner asserts that the

proposed alternative method would provide at least the same measure of

protection as would the mandatory standard.

2. Snyder Coal Company

[Docket No. M-1999-031-C]

Snyder Coal Company, 66 Snyder Lane, Hegins, Pennsylvania 17938 has

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

[[Page 32552]]

and (5) (weekly examination) to its Rattling Run Slope (I.D. No. 36-

08713) located in Schuylkill County, Pennsylvania. The petitioner

proposes to: (i) Preshift examine the intake haulage slope and primary

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

quality evaluation at the section's intake gangway level; (ii) travel

and thoroughly examine these areas for hazardous conditions once a

month; and (iii) have the examiner place the dates, times, and his/her

initials at appropriate locations and maintain records of the

examination on the surface. The petitioner states that due to

significant fall hazards, it would be unsafe to stop at every

ventilation control or opening along the steeply pitching intake

haulage and primary escapeway to conduct daily or weekly examinations.

The petitioner asserts that the proposed alternative method would

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

standard.

3. Snyder Coal Company

[Docket No. M-1999-032-C]

Snyder Coal Company, 66 Snyder Lane, 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 Rattling Run

Slope (I.D. No. 36-08713) located in Schuylkill County, Pennsylvania.

The petitioner requests a modification of the mandatory standard to

permit the use of portable fire extinguishers to replace existing

requirements where rock dust, water cars, and other water storage

equipped with three 10 quart pails is not practical. The petitioner

proposes to have two portable fire extinguishers near the slope bottom

and an additional portable fire extinguisher within 500 feet of the

working face. The petitioner asserts that the proposed alternative

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

the mandatory standard.

4. Snyder Coal Company

[Docket No. M-1999-033-C]

Snyder Coal Company, 66 Snyder Lane, Hegins, Pennsylvania 17938 has

filed a petition to modify the application of 30 CFR 75.1202 and

75.1201-1(a) (temporary notations, revisions, and supplements) to its

Rattling Run Slope (I.D. No. 36-08713) located in Schuylkill County,

Pennsylvania. The petitioner proposes to conduct mine surveys and

revise and supplement mine maps annually instead of every 6 months as

required, and to update maps daily by hand notations. The petitioner

also proposes to conduct surveys prior to commencing retreat mining and

whenever a drilling program under 30 CFR 75.388 or plan for mining into

inaccessible areas under 30 CFR 75.389 is required. The petitioner

asserts that low production and slow rate of advance in anthracite

mining make surveying on 6-month intervals impractical. The petitioner

asserts that the proposed alternative method would provide at least the

same measure of protection as would the mandatory standard.

5. Snyder Coal Company

[Docket No. M-1999-034-C]

Snyder Coal Company, 66 Snyder Lane, Hegins, Pennsylvania 17938 has

filed a petition to modify the application of 30 CFR 75.1400 (hoisting

equipment; general) to its Rattling Run Slope (I.D. No. 36-08713)

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 an 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. Sea ``B'' Mining Company

[Docket No. M-1999-035-C]

Sea ``B'' Mining Company, P.O. Box 7, Dante, Virginia 24237 has

filed a petition to modify the application of 30 CFR 75.1710-1(a)

(canopies or cabs; self-propelled diesel-powered and electric face

equipment; installation requirements) to its Silver Creek Mine (I.D.

No. 44-06895) located in Tazewell County, Virginia. The petitioner

requests that the Proposed Decision and Order for its previously

granted petition, docket number M-98-033-C, modifying the application

of 30 CFR 75.1710(1)(a), be amended to include the following equipment:

three center-driven Joy 21SC shuttle cars, Serial Nos. ET10956,

ET11195, ET14880; Long Airdox Scoop 482, Serial No. 482-2229; and

Fletcher Roof Bolting Machine, Model RRII-15 W/T-Bar ATRS, Serial No.

96053. The petitioner asserts that using canopies on this equipment in

mining heights less that 46 inches would result in a diminution of

safety to the miners.

7. Mountain Coal Company, L.L.C

[Docket No. M-1999-036-C]

Mountain Coal Company, L.L.C, P.O. Box 591, Somerset, Colorado

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

75.325(g)(1) (air quantity) 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 minimum ventilating

air quantity in the last open crosscut of each set of entries or rooms

in a working section or areas where mechanized mining equipment is

being installed or removed to be a summation of the air quantity

measured in both the last open crosscut and in the ventilation tubing

which is periodically located one crosscut outby the last open

crosscut. The petitioner proposes to: (i) Have an auxiliary exhaust fan

and ventilation tubing in a working section with a large percentage of

the section's total air quantity coursed through the fan's tubing

thereby routing diesel emissions directly to the return air course;

(ii) have the ventilation tubing located one crosscut outby the last

open crosscut after connecting the return side crosscut, which then

becomes the last open crosscut, and prior to connecting the entire line

of the adjacent crosscuts; and (iii) maintain a minimum air quantity of

9,500 CFM through the newly developed last open crosscut to account for

minimal diesel usage in the newly developed entry and crosscut. The

petitioner states that the total air volume in the newly developed last

open crosscut and in the ventilation tubing located one crosscut outby

will meet or exceed the sum of the approval plates of all diesel

powered equipment operating in the working section; after the entire

line of the adjacent crosscuts are developed, the auxiliary fan and

associated tubing will be advanced prior to completing the second

preparation shift in the section; 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.

8. Mingo Logan Coal Company

[Docket No. M-1999-037-C]

Mingo Logan Coal Company, 1000 Mingo Logan Avenue, Wharncliffe,

West Virginia 25651 has filed a petition to modify the application of

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

Alma A Mine (I.D. No. 46-08730) located in Mingo County, West Virginia.

The petitioner proposes to use an automatic fire detection system based

on carbon monoxide monitoring of underground conveyor belt entries to

allow air coursed through such entries to be used to ventilate

[[Page 32553]]

working faces. The petitioner proposes to install a carbon monoxide

monitoring system as an early warning fire detection system in all

conveyor belt entries used to course intake air to a working place. The

petitioner has outlined in this petition specific installation, design,

and maintenance procedures for using its carbon monoxide monitoring

system. The petitioner asserts that the proposed alternative method

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

mandatory standard.

9. Cyprus Emerald Resources Corporation

[Docket No. M-1999-038-C]

Cyprus Emerald Resources Corporation, One Oxford Centre, 301 Grant

Street, 20th Floor, Pittsburgh, Pennsylvania 15219 has filed a petition

to modify the application of 30 CFR 75.351(c) (Atmospheric Monitoring

System (AMS)) to its Emerald Mine No. 1 (I.D. No. 36-05466) located in

Greene County, Pennsylvania. The petitioner requests a modification of

the mandatory standard as it pertains to the location of the CO sensors

for power centers and battery charging stations. The petitioner

proposes to install sensors in the most appropriate location to detect

products of combustion in an area between 0 and 100 feet of the power

center or battery charging station where power centers or battery

charging stations are located in crosscuts along intake air courses and

where CO monitors or smoke sensors are used. The petitioner states that

because of the relatively low airflow in crosscuts in the intake air

courses, carbon monoxide or smoke would be monitored with sensors and/

or smoke detectors operated in accordance with 30 CFR 75.351, and

located closer to the power center or battery charging station than

required by the standard. 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.

10. Canyon Fuel Company, LLC

[Docket No. M-1999-039-C]

Canyon Fuel Company, LLC, 397 South 800 West, Salina, Utah 84654

has filed a petition to modify the application of 30 CFR 75.701

(grounding metallic frames, casings, and other enclosures of electric

equipment) to its SUFCO Mine (I.D. No.42-00089) located in Sevier

County, Utah. The petitioner proposes to use a 420 KW/525 KVA, 480-volt

diesel-powered generator system to move equipment in and out of and to

perform minor mining activities in the mine. The petitioner has listed

in this petition specific terms and conditions for using the generator

system. The petitioner states that proper testing procedures training

will be conducted for all operators prior to using the generator

system. The petitioner asserts that the proposed alternative method

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

mandatory standard.

11. Canyon Fuel Company, LLC

[Docket No. M-1999-040-C]

Canyon Fuel Company, LLC, 397 South 800 West, Salina, Utah 84654

has filed a petition to modify the application of 30 CFR 75.901

(protection of low- and medium-voltage three-phase circuits used

underground) to its SUFCO Mine (I.D. No.42-00089) located in Sevier

County, Utah. The petitioner proposes to use a 420 KW/525 KVA, 480-volt

diesel-powered generator system to move equipment in and out of and to

perform minor mining activities in the mine. The petitioner has listed

in this petition specific terms and conditions that would be

implemented when using the generator system. The petitioner states that

proper testing procedures training will be conducted for all operators

prior to using the generator system. The petitioner asserts that the

proposed alternative method would provide at least the same measure of

protection as would the mandatory standard.

12. Five Star Mining, Inc.

[Docket No. M-1999-041-C]

Five Star Mining, Inc., 6594 West State Road 56, Petersburg,

Indiana 47567 has filed a petition to modify the application of 30 CFR

75.1700 (oil and gas wells) to its Prosperity Mine (I.D. No. 12-02249)

located in Pike County, Indiana. The petitioner proposes to plug oil

and gas wells and then mine through or near the plugged wells whenever

the safety barrier diameter is reduced to a distance less than the

District Manager would approve under 30 CFR 75.1700. The petitioner has

described in this petition the techniques that would be used to plug

oil and gas wells, and has listed specific procedures that would be

used when mining through or near plugged wells. The petitioner asserts

that the proposed alternative method would provide at least the same

measure of protection as would the mandatory standard and will not

result in a diminution of safety to the miners.

13. R S & W Coal Company, Inc.

[Docket No. M-1999-042-C]

R S & W Coal Company, Inc., R.D. 1, Box 36, Klingerstown,

Pennsylvania 17941 has filed a petition to modify the application of 30

CFR 75.1312(e)(1) (explosives and detonators in underground magazines)

to its R S & W Drift (I.D. No. 36-01818) anthracite mine located in

Schuylkill County, Pennsylvania. The petitioner proposes to store

explosives and detonators in gangways at least 10 feet from roadways

and any source of electrical current rather than the minimum distance

of 25 feet required by the standard. The petitioner asserts that the

proposed alternative method would provide at least the same measure of

protection as would the mandatory standard.

14. R S & W Coal Company, Inc.

[Docket No. M-1999-043-C]

R S & W Coal Company, Inc., R.D. 1, Box 36, Klingerstown,

Pennsylvania 17941 has filed a petition to modify the application of 30

CFR 75.1310(a) (explosives and blasting equipment) to its R S & W Drift

(I.D. No. 36-01818) located in Schuylkill County, Pennsylvania. The

petitioner proposes to use non-permissible primacord in each borehole

to ensure detonation of the entire column of powder in the underground

long hole method of mining anthracite coal used at the mine. The

petitioner asserts that the proposed alternative method would provide

at least the same measure of protection as would the mandatory

standard.

15. Energy West Mining Company

[Docket No. M-1999-044-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 Deer Creek Mine (I.D. No. 42-

00121) located in Emery County, Utah. The petitioner requests that some

of the requirements in the Decision and Order (D&O) for it previously

granted petition, docket number M-96-01-C, be amended because the

requirements have proven to be outdated due to changes in circumstances

that originally supported the terms and conditions of the D&O. The

petitioner asserts that the proposed alternative method would provide

at least the same measure of protection as would the granted D&O and

will not result in a diminution of safety provided by the existing

standard.

[[Page 32554]]

16. B. and B. Coal Company

[Docket No. M-1999-045-C]

B. and B. Coal Company, 225 Main Street, Joliett, Tremont,

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

CFR 75.1312(e)(1) (explosives and detonators in underground magazines)

to its Rock Ridge No. 1 Slope (I.D. No. 36-07741) anthracite mine

located in Schuylkill County, Pennsylvania. The petitioner proposes to

store explosives and detonators in gangways at least 10 feet from

roadways and any source of electric current rather than the 25 feet

required by the standard. The petitioner asserts that the proposed

alternative method would provide at least the same measure of

protection as would the mandatory standard.

17. Twentymile Coal Company

[Docket No. M-1999-046-C]

Twentymile Coal Company, One Oxford Centre, 30 Grant Street, 20th

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

modify the application of 30 CFR 75.500(d) (permissible electric

equipment) to its Foidel Creek Mine (I.D. No. 05-03836) located in

Routt County, Colorado. The petitioner requests a modification of the

mandatory standard to permit use of low voltage or battery operated

non-permissible electronic testing and diagnostic equipment inby the

last open crosscut and in its continuous miner development sections.

The petitioner asserts that the proposed alternative method would

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

standard.

18. Little Buck Coal Company

[Docket No. M-1999-047-C]

Little Buck Coal Company, R.D. #4, Box 395, Pine Grove,

Pennsylvania 17963 has filed a petition to modify the application of 30

CFR 75.1200(d) & (i) (mine map) to its #3 Slope Buck Mtn. (I.D. No. 36-

08568) 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 due to the steep

pitch encountered in mining anthracite coal veins, contours provide no

useful information and their presence would make portions of the mine

illegible. The petitioner further asserts that use of cross-sections in

lieu of contour lines has been practiced since the late 1800's thereby

providing critical information relative to the spacing between veins

and proximity to other mine workings which fluctuate considerably. The

petitioner asserts that the proposed alternative method would provide

at least the same measure of protection as would the mandatory

standard.

19. Little Buck Coal Company

[Docket No. M-1999-048-C]

Little Buck Coal Company, R.D. #4, Box 395, Pine Grove,

Pennsylvania 17963 has filed a petition to modify the application of 30

CFR 75.1202 and 75.1202-1(a) (temporary notations, revisions, and

supplements) to its #3 Slope Buck Mtn. Mine (I.D. No. 36-08568) located

in Schuylkill County, Pennsylvania. The petitioner proposes to survey,

revise, and supplement mine maps annually instead of every 6 months, as

required, to update maps daily by hand notations, and to conduct

additional surveys prior to commencing retreat mining and whenever

either a drilling program under 30 CFR 75.388 or plan for mining into

inaccessible areas under 30 CFR 75.389 is required. The petitioner

asserts that the low production and slow rate of advance in anthracite

mining make surveying on 6-month intervals impractical. The petitioner

asserts that the proposed alternative method would provide at least the

same measure of protection as would the mandatory standard.

20. Dally Slate Company and American Bangor Slate & Stone

[Docket No. M-1999-004-C]

Dally Slate Company and American Bangor Slate & Stone, P.O. Box 27,

Pen Argyl, Pennsylvania 18072 have filed a petition to modify the

application of 30 CFR 57.19007 (overtravel and overspeed devices) to

the Dally 2 Pit; Diamond Mine (I.D. No. 36-08597) and the American

Bangor Slate & Stone Mine (I.D. No. 36-04864) located in Northampton

County, Pennsylvania. The petitioner requests a modification of the

mandatory standard to permit the use of a stand-by engineer, instead of

a mechanical device, to prevent overtravel or overspeed in the event of

a sudden health problem of the operating engineer that impairs his/her

ability to operate the hoist. The petitioner asserts that the proposed

alternative method would provide at least the same measure of

protection as would the mandatory standard.

21. Williams & Sons Slate & Tile, Inc.

[Docket No. M-1999-005-M]

Williams & Sons Slate & Tile, Inc., 6596 Sullivan Trail, Wind Gap,

Pennsylvania 18091-9798 has filed a petition to modify the application

of 30 CFR 57.19007 (overtravel and overspeed devices) to its Sreebs

Slate 7 Stone Co., Inc. Mine (I.D. No. 36-07156) located in Northampton

County, Pennsylvania. The petitioner requests a modification of the

mandatory standard to permit the use of a stand-by engineer, instead of

a mechanical device, to prevent overtravel or overspeed in the event of

a sudden health problem of the operating engineer that impairs his/her

ability to operate the hoist. The petitioner asserts that application

of the standard would result in a diminution of safety.

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, Arlington, Virginia 22203. All comments

must be postmarked or received in that office on or before July 19,

1999. Copies of these petitions are available for inspection at that

address.

Dated: June 10, 1999.

Carol J. Jones,

Acting Director, Office of Standards, Regulations, and Variances.

[FR Doc. 99-15424 Filed 6-16-99; 8:45 am]

BILLING CODE 4510-43-U