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Volume 62, Number 122, Page 34311-34313

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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-97-58-C]

Clark Elkhorn Mining Company, P.O. Box 2805, Pikeville, Kentucky 41502 has filed a petition to modify the application of 30 CFR 75.900 (low- and medium-voltage circuits serving three-phase alternating current equipment; circuit breakers) to its Sunset Mine No. 2 (I.D. No. 15-17849) located in Pike County, Kentucky. The petitioner proposes to use contactors to obtain undervoltage protection instead of using circuits breakers. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as would the mandatory standard.

2. B & B Anthracite Coal

[Docket No. M-97-59-C]

B & B Anthracite Coal, 225 Main Street, Joliett, Pennsylvania 17981 has filed a petition to modify the application of 30 CFR 75.360 (preshift examination) to its Rock Ridge Slope (I.D. No. 36-07741) 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 in by 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 working section. 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.

3. B & B Anthracite Coal

[Docket No. M-97-60-C]

B & B Anthracite Coal, 225 Main Street, Joliett, Pennsylvania 17981 has filed a petition to modify the application of 30 CFR 75.364(b) (1), (4), and (5) (weekly examination) to its Rock Ridge Slope (I.D. No. 36- 07741) 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 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.

4. B & B Anthracite Coal

[Docket No. M-97-61-C]

B & B Anthracite Coal, 225 Main Street, Joliett, Pennsylvania 17981 has filed a petition to modify the application of 30 CFR 75.1100 (quantity and location of firefighting equipment) to its Rock Ridge Slope (I.D. No. 36-07741) 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.

5. B & B Anthracite Coal

[Docket No. M-97-62-C]

B & B Anthracite Coal, 225 Main Street, Joliett, Pennsylvania 17981 has filed a petition to modify the application of 30 CFR 75.1202-1(a) (temporary notations, revisions, and supplements) to its Rock Ridge Slope (I.D. No. 36-07741) 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.

6. Ambrose Branch Coal Company, Inc.

[Docket No. M-97-63-C]

Ambrose Branch Coal Company, Inc., P.O. Box 806, Pound, Virginia 24279 has filed a petition to modify the application of 30 CFR 77.214 (refuse piles; general) to its Preparation Plant (I.D. No. 44-05265) located in Wise County, Virginia. The petitioner requests a modification of the standard to allow backfilling of the existing highwall with refuse in an area containing abandoned mine openings. The petitioner proposes to fill seven (7) drift openings with refuse material at the abandoned Fleetwood Energy, Inc., Mine No. 2 (I.D. No. 44-06470). The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as would the mandatory standard.

7. Consolidation Coal Company

[Docket No. M-97-64-C]

Consolidation Coal Company, Consol Plaza, 1800 Washington Road, Pittsburgh, Pennsylvania 15241-1421 has filed a petition to modify the application of 30 CFR 75.364(b)(2)

[[Page 34312]]

(weekly examination) to its Shoemaker Mine (I.D. No. 46-01436) located in Marshall County, West Virginia. Due to deteriorating roof conditions, certain areas of the return air course cannot be traveled safely. The petitioner proposes to establish evaluation points P and Q that would be maintained in safe condition; and to have a certified person test for methane and the quantity of air at both check points on a weekly basis and place their initials, date, and time in a record book kept on the surface and made available for inspection by interested persons. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as would the mandatory standard.

8. Turris Coal Company

[Docket No. M-97-66-C]

Turris Coal Company, P.O. Box 21, Elkhart, Illinois 62634 has filed a petition to modify the application of 30 CFR 75.1100-2(i)(1) (quantity and location of firefighting equipment) to its Elkhart Mine (I.D. No. 11-02664) located in Logan County, Illinois. The petitioner proposes to use the following materials at its Elkhart Mine: 160 Kennedy Metal Stopping Panels with associated head sills and twist clamps; 32 Kennedy Stopping Rib Angles; 3 rolls of tape; 3 twist tools; 2 rolls of brattice cloth; 3 stopping jacks; 3 dutch heads; 3 shovels; 12 buckets of Celtite 10-12 Airtite (or equivalent material for stopping); and 5 tons of rock dust. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as would the mandatory standard.

9. Old Ben Coal Company

[Docket No. M-97-67-C]

Old Ben Coal Company, P.O. Box 397, 13101 Ziegler Road, Coulterville, Illinois 62237 has filed a petition to modify the application of 30 CFR 75.503 (permissible electric face equipment; maintenance) to its Ziegler No. 11 Mine (I.D. No. 11-02408) located in Randolph County, Illinois. The petitioner proposes, instead of using a padlock, to use a Spring-Loaded Plug Interlock attached to the plug receptacle and permanently attached to the battery case designed so that when the battery-plugs are secured and the spring loaded interlock is released, the threaded ring securing the battery plugs cannot become loose. The petitioner asserts the proposed alternative method would provide at least the same measure of protection as would the mandatory standard.

10. Drummond Company, Inc.

[Docket No. M-97-68-C]

Drummond Company, Inc., P.O. Box 10246, Birmingham, Alabama 35202- 0246 has filed a petition to modify the application of 30 CFR 75.350 (air courses and belt haulage entries) to its Shoal Creek Mine (I.D. No. 01-02901) located in Jefferson County, Alabama. The petitioner requests that the final Decision and Order dated April 1, 1995, be amended. The petitioner asserts that the amended alternative method would provide at least the same measure of protection as would the mandatory standard.

11. Kerr-McGee Coal Corporation

[Docket No. M-97-69-C]

Kerr-McGee Coal Corporation, 123 Robert S. Kerr Avenue, Oklahoma City, Oklahoma 73102 has filed a petition to modify the application of 30 CFR 75.352 (return air courses) to its Galatia Mine (I.D. No. 11- 02752) located in Saline County, Illinois. The petitioner requests a modification of the standard to permit two-entry development of the headgate entries for the 5th East Longwall panel. 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. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as would the mandatory standard.

12. Kerr-McGee Coal Corporation

[Docket No. M-97-70-C]

Kerr-McGee Coal Corporation, 123 Robert S. Kerr Avenue, Oklahoma City, Oklahoma 73102 has filed a petition to modify the application of 30 CFR 75.350 (air courses and belt haulage entries) to its Galatia Mine (I.D. No. 11-02752) located in Saline County, Illinois. The petitioner requests a modification of the standards to permit two-entry development and retreat mining in the 5th East Longwall panel. 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. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as would the mandatory standard.

13. Tri-State Terminals, Inc.

[Docket No. M-97-71-C]

Tri-State Terminals, Inc., P.O. Box 6100, Huntington, West Virginia 25770 has filed a petition to modify the application of 30 CFR 77.503-1 (electric conductors) to its Lockwood Dock (I.D. No.15-10358) located in Boyd County, Kentucky. The petitioner proposes to install current limiting devices on the electrical conductors provided for the crusher motors listed as C2A-300HP, C2B-300HP, CIA-200HP, and CIB-200HP, and the BC-3 conveyor belt drive electrical installations to ensure deenergization of the circuit before a rise in temperature from normal operation damages the insulating materials of electrical conductors. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as would the mandatory standard.

14. Island Creek Coal Company

[Docket No. M-97-72-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 75.364 (weekly examination) to its Ohio No. 11 Mine (I.D. No. 15-03173) located in Union County, Kentucky. Due to an accumulation of water in the 3rd North Old No. 1 Unit and cut through sealed area of the intake air course, persons traveling the affected area to make weekly examinations would be exposed to hazardous conditions. The petitioner proposes to amend its ventilation plan to remove evaluation points EP-1, EP-2, and EP-3 and establish evaluation points C, D, and E maintained in safe condition at all times; to have a certified person conduct tests for methane and the quantity of air at all check points on a weekly basis and place their initials, date, and time in a record book kept on the surface and made available for inspection by interested parties. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as would the mandatory standard.

15. Homestake Mining Company

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

Homestake Mining Company, 630 E. Summit, Lead, South Dakota 57754 has filed a petition to modify the application of 30 CFR 56.6202(a)(5) (vehicles) to its Lead, S.D. Mine (I.D. No. 39-00055) located in Lawrence County, South Dakota. The petitioner proposes to substitute a flashing amber light in place of signs on rubber-tired mobile equipment used in the ramp systems and to have the light readily visible from all directions. The petitioner states that the flashing amber light would be a natural extension of the amber light currently used at the Homestake Mine to delineate explosive storage facilities. The petitioner asserts

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that application of the standard would diminish the safety of the miners. In addition, the petitioner asserts that the proposed alternative method would provide at least the same 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 July 25, 1997. Copies of these petitions are available for inspection at that address.

Dated: June 17, 1997.
Patricia W. Silvey,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 97-16665 Filed 6-24-97; 8:45 am]
BILLING CODE 4510-43-P