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MSHA - Petitions for Modification

February 5, 1998 (Volume 63, Number 24) Page 5971-5972

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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. H.D.F., Inc.

[Docket No. M-97-143-C]

H.D.F., Inc., P.O. Box 1389, Clintwood, Virginia 24228 has filed a petition to modify the application of 30 CFR 75.1710-1 (canopies or cabs; self-propelled diesel-powered and electric face equipment; installation requirements) to its Mine Number 1 (I.D. No. 15-17613) located in Pike County, Kentucky. The petitioner requests a variance from the use of canopies or cabs on its electric face equipment. The petitioner asserts that application of the standard would result in a diminution of safety to the equipment operator. 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. M & M Anthracite Coal Company

[Docket No. M-97-144-C]

M & M Anthracite Coal Company, 245 2nd Street, Tremont, Pennsylvania 17981 has filed a petition to modify the application of 30 CFR 75.1100-2 (quantity and location of firefighting equipment) to its Little Tracey Slope (I.D. No. 36-08693) 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.

3. M & M Anthracite Coal Company

[Docket No. M-97-145-C]

M & M Anthracite Coal Company, 245 2nd Street, Tremont, Pennsylvania 17981 has filed a petition to modify the application of 30 CFR 75.1200(d) & (i) (mine map) to its Little Tracey Slope (I.D. No. 36-08693) 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.

4. M & M Anthracite Coal Company

[Docket No. M-97-146-C]

M & M Anthracite Coal Company, 245 2nd Street, Tremont, Pennsylvania 17981 has filed a petition to modify the application of 30 CFR 75.1202-1(a) (temporary notations, revisions, and supplements) to its Little Tracey Slope (I.D. No. 36-08693) 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.

5. Jim Walter Resources, Inc.

[Docket No. M-97-147-C]

Jim Walter Resources, Inc., P.O. Box 133, Brookwood, Alabama 35444 has filed a petition to modify the application of 30 CFR 75.364(b)(2) (weekly examination) to its No. 3 Mine (I.D. No. 01-00758) located in Jefferson County, Alabama. Due to hazardous conditions in the air course entries, traveling certain areas of the air course would be unsafe. The petitioner proposes to establish evaluation points inby and outby the deteriorating return

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of the mine, and to have a certified person examine the evaluation points for methane and oxygen concentrations and the volume of air and record the results in a book maintained on the surface of the mine. The petitioner asserts that application of the 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.

6. Mountain Coal Company

[Docket No. M-97-148-C]

Mountain Coal Company, P.O. Box 591, Somerset, Colorado 81434 has filed a petition to modify the application of 30 CFR 75.1002-1(a) (location of other electric equipment; requirements for permissibility) to its West Elk Mine (I.D. No. 05-03672) located in Gunnison County, Colorado. The petitioner requests that the Proposed Decision and Order granting its previous petition, docket number M-95-183-C be amended to revise stipulation No. 4 in order to clarify the intent and purpose. The petitioner requests that stipulation No. 4 be revised to remove the reference to permissible equipment and to clarify that only the non- permissible equipment being used for purposes of the petition be inspected weekly since the petition is to allow the use of non- permissible equipment for testing and diagnostics purposes within 150 feet of pillar workings. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as would the mandatory standard.

7. Canfield Energy, Inc.

[Docket No. M-97-149-C]

Canfield Energy, Inc., P.O. Box 1021, Barbourville, Kentucky 40906 has filed a petition to modify the application of 30 CFR 75.342 (methane monitors) to its Canfield No. 4 Mine (I.D. No. 15-17716) located in Knox County, Kentucky. The petitioner proposes to use hand- held continuous-duty methane and oxygen indicators in lieu of machine- mounted methane monitors on permissible three-wheel tractors with drag bottom buckets. The petitioner asserts that this petition is based on the safety of the miners.

8. Chestnut Coal Company

[Docket No. M-97-150-C]

Chestnut Coal Company, R.D. #3, Box 142, Sunbury, Pennsylvania 17801 has filed a petition to modify the application of 30 CFR 75.1200(d) & (i) (mine map) to its No. 10 Slope (I.D. No. 36-07059) located in Northumberland 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.

9. Peabody Coal Company

[Docket No. M-97-151-C]

Peabody Coal Company, 800 Laidley Tower, P.O. Box 1233, Charleston, West Virginia 25324 has filed a petition to modify the application of 30 CFR 75.503 (permissible electric face equipment; maintenance) to its Camp No. 1 Mine (I.D. No. 15-02709) located in Union County, Kentucky. The petitioner proposes to use a spring-loaded, metal locking device for securing the battery-connecting plugs to machine-mounted battery receptacles on permissible, mobile, battery-powered scoop cars and tractors instead of using padlocks. 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 are encouraged to submit comments via e-mail to ``zzMSHA-Comments@dol.gov'', 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 March 9, 1998. Copies of these petitions are available for inspection at that address.

Dated: January 26, 1998.
Patricia W. Silvey,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 98-2768 Filed 2-4-98; 8:45 am]
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