Skip to content
MSHA - Petitions for Modification

Volume 62, Number 136, Page 38123-38124

-----------------------------------------------------------------------

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. Apogee Coal Company dBA Arch of Illinois

[Docket No. M-97-73-C]

Apogee Coal Company dBA Arch of Illinois, P.O. Box 308, Percy, Illinois 62272-0308 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 Conant Mine (I.D. No. 11-02886) located in Perry County, Illinois. The petitioner requests a modification of the standard to allow the use of high-voltage trailing cables (2400 VAC) inby the last open crosscut and within 150 feet of pillar workings at the continuous miner sections. The petitioner states that this modification would not 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.

2. Canterbury Coal Company

[Docket No. M-97-74-C]

Canterbury Coal Company, R.D. #1, Box 119, Avonmore, Pennsylvania 15618 has filed a petition to modify the application of 30 CFR 75.362(d)(2) (on-shift examination) to its DiAnne Mine (I.D. No. 36- 05708) located in Armstrong County, Pennsylvania. The petitioner requests a modification of the standard to allow an alternative method of compliance to the taking of methane tests at the face using an extendible probe. The petitioner proposes to conduct methane tests during the roof bolting cycle using a 20-foot extendable probe inby the first row of permanent supports. After this initial check is made, the petitioner proposes to conduct methane tests using an approved, hand- held, digital detector at the row of roof bolts to be installed prior to installation. The petitioner would repeat this procedure until the 20-foot extendable probe can reach within 12 inches from the roof, face, and rib. The petitioner states that the proposed alternative method would provide at least the same measure of protection as would the mandatory standard.

3. Addington, Inc.

[Docket No. M-97-75-C]

Addington, Inc., P.O. Box 203, Ivel, Kentucky 41642 has filed a petition to modify the application of 30 CFR 75.1710-1(a) (canopies or cabs; self-propelled electric face equipment; installation requirements) to its Pond Creek No. 1 Mine (I.D. No. 15-17287) located in Pike County, Kentucky. The petitioner proposes to operate its self- propelled electric face equipment without canopies due to mining heights. The petitioner states that application of the standard would result in a diminution of safety to the miners.

4. Fola Coal Company

[Docket No. M-97-76-C]

Fola Coal Company, P.O. Box 180, Bickmore, West Virginia 25019 has filed a petition to modify the application of 30 CFR 71.402(c) (minimum requirements for bathing facilities, change rooms, and sanitary flush toilet facilities) to its Surface Mine No. 2 (I.D. No. 46-08377), and its Peach Orchard Preparation Plant and Loadout Facility (I.D. No. 46- 08376) located in Clay and Nicholas Counties, West Virginia. The petitioner proposes to construct an additional shower and locker building near its preparation plant. The petitioner asserts that the reason for this petition is that there is a lack of sewage treatment facilities necessary to handle the volume required by the mandatory standard; and that the West Virginia Department of Environmental Protection prohibits them from using the only level areas available for the size leach fields required. The petitioner states that the additional eight showers in the new shower and locker building would meet the needs of the workforce given the existing constraints at their facilities.

5. Apogee Coal Company dBA Arch of Illinois

[Docket No. M-97-77-C]

Apogee Coal Company dBA Arch of Illinois, P.O. Box 308, Percy, Illinois 62272 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 Conant Mine (I.D. No. 11-02886) located in Perry County, Kentucky. The petitioner requests a modification of the standard to allow the use of a diesel-powered generator to supply power to mobile mining equipment when the equipment is being moved from one area to another without grounding the neutral to a low resistance ground field. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as would the mandatory standard.

6. Eastern Associated Coal Corporation

[Docket No. M-97-78-C]

Eastern Associated Coal Corporation, P.O. Box 1233, Charleston, West Virginia 25324 has filed a petition to modify the application of 30 CFR 75.507 (power connection points) to its Harris No. 1 Mine (I.D. No. 46-01271) and its Lightfoot No. 2 Mine (I.D. No. 46-04955) both located in Boone County,

[[Page 38124]]

West Virginia. The petitioner proposes to use a 2300 volt three-phase alternating current electric power circuit for the pump. The power circuit would be designed and installed to contain (1) either a direct or derived neutral which would be grounded through a suitable resistor at the source transformer or power center; (2) a grounding circuit originating at the grounded side of the grounding resistor that would extend along with the power conductors and serve as the grounding conductor for the frame of the pump and all the associated electric equipment where power is supplied from the circuit; (3) a grounding resistor that would limit the ground fault current to no more that 15 amperes; (4) a suitable circuit breaker to provide protection against grounded phase, undervoltage, short circuit, and overload; (5) a disconnecting device; and (6) a fail-safe ground check circuit. The petitioner has listed in this petition other specific precautions and procedures that would be implemented in using the proposed alternative method, including the submission of a proposed revision of its approved 30 CFR Part 48 training plan to the Coal Mine Safety and Health District Manager for the area in which the pump and pump electric controls are located. 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-97-79-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 Blacksville No. 2 Mine (I.D. No. 46-01968) located in Monongalia County, West Virginia. The petitioner proposes to use high-voltage cables not exceeding 4,160 volts inby the last open crosscut and has listed in the petition specific terms and conditions for their safe use. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as would the mandatory standard.

8. Little Buck Coal Company

[Docket No. M-97-80-C]

Little Buck Coal Company, RD #4, Box 395, Pine Grove, Pennsylvania 17963 has filed a petition to modify the application of 30 CFR 75.1100 (quantity and location of firefighting equipment) to its No. 3 Slope Buck Mt. Vein (I.D. No. 36-08568) 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.

9. Branham & Baker Coal Company, Inc.

[Docket No. M-97-81-C]

Branham & Baker Coal Company, Inc., 148 South Lake Drive, P.O. Box 271, Prestonsburg, Kentucky 41653 has filed a petition to modify the application of 30 CFR 77.1304(a) (blasting agents; special provisions) to its Road Creek Mine No. 1 (I.D. No. 15-17008) located in Pike County, Kentucky. The petitioner proposes to use recycled oil from equipment at the Road Creek, Petty's Fork, Gum Branch, Three Mile, Big Branch, and Ridge Top mines, which is filtered and blended with fuel oil, to create an ammonium nitrate-fuel oil (ANFO). The petitioner proposes numerous safeguards for implementing and using the proposed alternative method, and proposes to submit to the District Manager revisions to the mine's approved 30 CFR Part 48 training plan within 60 days after the petition is granted. The petitioner asserts 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 August 15, 1997. Copies of these petitions are available for inspection at that address.

Dated: July 8, 1997.
Patricia W. Silvey,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 97-18639 Filed 7-15-97; 8:45 am]
BILLING CODE 4510-43-P