[Federal Register Volume 59, Number 80 (Tuesday, April 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10026]


[[Page Unknown]]

[Federal Register: April 26, 1994]


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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. Tide Creek Rock, Inc.

[Docket No. M-94-07-M]

    Tide Creek Rock, Inc., 33625 Tide Creek Road, Deer Island, Oregon 
97054 has filed a petition to modify the application of 30 CFR 
56.14132(b) (horns and backup alarms) to its Tide Creek Pit (I.D. No. 
35-02479) located in Columbia County, Oregon. The petitioner requests 
that the standard be modified to allow the Cat 966 loader to be 
operated without a reverse-activated alarm and to have the equipment 
operator determine the location of other persons in the area before 
reversing. The petitioner asserts that the proposed alternate method 
would provide at least the same measure of protection as would the 
mandatory standard.

2. Tide Creek Rock, Inc.

[Docket No. M-94-08-M]

    Tide Creek Rock, Inc., 33625 Tide Creek Road, Deer Island, Oregon 
97054 has filed a petition to modify the application of 30 CFR 56.4104 
(combustible waste) to its Tide Creek Pit (I.D. No. 35-02479) located 
in Columbia County, Oregon. The petitioner requests that the standard 
be modified to apply only to accumulations of more than 3 or 4 inches 
of oil. The petitioner states that 2 to 3 inches of waste oil in a 
container placed under the oil tank to collect spills is not a fire 
hazard, and that no smoke or flames are used in the building. The 
petitioner asserts that the proposed alternate method would provide at 
least the same measure of protection as would the mandatory standard.

3. Tide Creek Rock, Inc.

[Docket No. M-94-09-M]

    Tide Creek Rock, Inc., 33625 Tide Creek Road, Deer Island, Oregon 
97054 has filed a petition to modify the application of 30 CFR 
56.14107(a) (moving machine parts) to its Tide Creek Pit (I.D. No. 35-
02479) located in Columbia County, Oregon. The petitioner requests that 
the standard be modified to allow a chain fence 7 feet from the area in 
place of guards on the back side of the V-belt pulleys. The petitioner 
asserts that the proposed alternative method would provide at least the 
same measure of protection as would the mandatory standard.

4. Tide Creek Rock, Inc.

[Docket No. M-94-10-M]

    Tide Creek Rock, Inc., 33625 Tide Creek Road, Deer Island, Oregon 
97054 has filed a petition to modify the application of 30 CFR 56.12025 
(grounding circuit enclosures) to its Tide Creek Pit (I.D. No. 35-
02479) located in Columbia County, Oregon. The petitioner requests that 
the standard be modified to require that grounding need occur only when 
a motor is actually energized. The petitioner asserts that the proposed 
alternate method would provide at least the same measure of protection 
as would the mandatory standard.

5. Tide Creek Rock, Inc.

[Docket No. M-94-11-M]

    Tide Creek Rock, Inc., 33625 Tide Creek Road, Deer Island, Oregon 
97054 has filed a petition to modify the application of 30 CFR 56.3131 
(pit and quarry wall perimeter) to its Tide Creek Pit (I.D. No. 35-
02479) located in Columbia County, Oregon. The petitioner requests that 
the standard not apply because the trees at the edge of the pit do not 
create a fall-of-material hazard. The petitioner states that 
application of the standard would result in a diminution of safety to 
the miners as the trees provides ground stability.

6. Tide Creek Rock, Inc.

[Docket No. M-94-12-M]

    Tide Creek Rock, Inc., 33625 Tide Creek Road, Deer Island, Oregon 
97054 has filed a petition to modify the application of 30 CFR 56.9300 
(berms and guardrails) to its Tide Creek Pit (I.D. No. 35-02479) 
located in Columbia County, Oregon. The petitioner request that the 
standard be modified to not require berms or guardrails at this 
operation. The petitioner states that application of the standard would 
result in a diminution of safety to the miners as the roadway is wide, 
not steep, and seldom used.

7. Tide Creek Rock, Inc.

[Docket No. M-94-13-C]

    Tide Creek Rock, Inc., 33625 Tide Creek Road, Deer Island, Oregon 
97054 has filed a petition to modify the application of 30 CFR 56.4201 
(inspection) to its Tide Creek Pit (I.D. No. 35-02479) located in 
Columbia County, Oregon. The petitioner requests that the standard be 
modified to not require fire extinguishers at this operation. The 
petitioner states that no smoking or flames are allowed near any 
building; that the place is above ground, wide-open, and mostly rock or 
steel; and that no one would be endangered should a fire occur. The 
petitioner asserts that the proposed alternate method would provide at 
least the same measure of protection as would the mandatory standard.

8. Tide Creek Rock, Inc.

[Docket No. M-94-14-M]

    Tide Creek Rock, Inc., 33625 Tide Creek Road, Deer Island, Oregon 
97054 has filed a petition to modify the application of 30 CFR 56.11002 
(handrails and toeboards) to its Tide Creek Pit (I.D. No. 35-02479) 
located in Columbia County, Oregon. The petitioner requests that the 
standard be modified to require only one handrail on the steps along 
the bunker silo. The petitioner states that installing handrails on 
both sides makes it more dangerous as it is more likely that the 
employee will run himself into the handrail. The petitioner asserts 
that the proposed alternate method would provide at least the same 
measure of protection as would the mandatory standard.

9. Tide Creek Rock, Inc.

[Docket No. M-94-15-M]

    Tide Creek Rock, Inc., 33625 Tide Creek Road, Deer Island, Oregon 
97054 has filed a petition to modify the application of 30 CFR 56.11002 
(handrails and toeboards) to its Tide Creek Pit (I.D. No. 35-02479) 
located in Columbia County, Oregon. The petitioner requests that the 
standard be modified to require only one handrail on the operator's 
control tower. The petitioner states that the operator's controls block 
the likelihood of going into the machinery and that installing 
handrails between the operator's controls and the conveyor is more 
dangerous. The petitioner asserts that the proposed alternate method 
would provide at least the same measure of protection as would the 
mandatory standard.

10. Tide Creek Rock, Inc.

[Docket No. M-94-16-M]

    Tide Creek Rock, Inc., 33625 Tide Creek Road, Deer Island, Oregon 
97054 has filed a petition to modify the application of 30 CFR 56.12021 
(danger signs) to its Tide Creek Pit (I.D. No. 35-02479) located in 
Columbia County, Oregon. The petitioner requests that the standard be 
modified to apply only to the electric shed and to specify that locking 
the electric shed is sufficient compliance with the standard. The 
petitioner asserts that the proposed alternate method would provide at 
least the same measure of protection as would the mandatory standard.

11. Tide Creek Rock, Inc.

[Docket No. M-94-17-M]

    Tide Creek Rock, Inc., 33625 Tide Creek Road, Deer Island, Oregon 
97054 has filed a petition to modify the application of 30 CFR 56.4101 
(warning signs) to its Tide Creek Pit (I.D. No. 35-02479) located in 
Columbia County, Oregon. The petitioner requests that the standard be 
modified to eliminate the requirement for ``No Smoking'' signs at the 
oil storage building and that the standard not apply to this operation. 
The petitioner states that a fire hazard does not exist as no one at 
the mine smokes and visitors do not come near the oil storage building.

12. FMC Wyoming Corporation

[Docket No. M-94-21-M]

    FMC Wyoming Corporation, P.O. Box 873, Green River, Wyoming 82935 
has filed a petition to modify the application of 30 CFR 57.22305 
(approved equipment III mines) to its Trona Mine (I.D. No. 48-00152) 
located in Sweetwater County, Wyoming. The petitioner requests that the 
standard be modified to eliminate the use of permissible equipment 
outby the last open crosscut (i.e., outby the longwall face crosscut). 
The petitioner proposes to conduct additional methane checks, provide 
additional training to miners, and increase ventilation. The petitioner 
states that application of the standard would result in a diminution of 
safety to the miners. In addition, the petitioner asserts that the 
proposed alternate method would provide at least the same measure of 
protection as would the mandatory standard.

13. Tide Creek Rock, Inc.

[Docket No. M-94-22-M]

    Tide Creek Rock, Inc., 33625 Tide Creek Road, Deer Island, Oregon 
97054 has filed a petition to modify the application of 30 CFR 56.11002 
(handrails and toeboards) to its Tide Creek Pit (I.D. No. 35-02479) 
located in Columbia County, Oregon. The petitioner requests that the 
standard be modified to not require handrails on a wooden plank used 
occasionally to grease a bearing. The petitioner states that no 
machinery is running when greasing is done; that the primary purpose 
for using the plank is to keep the employee from getting in the mud; 
that the plank is only a few feet off the ground; and that the plank is 
left in place when not in use. The petitioner asserts that the proposed 
alternate method would provide at least the same measure of protection 
as would the mandatory standard.

14. Tide Creek Rock, Inc.

[Docket No. M-94-23-M]

    Tide Creek Rock, Inc., 33625 Tide Creek Road, Deer Island, Oregon 
97054 has filed a petition to modify the application of 30 CFR 56.11002 
(handrails and toeboards) to its Tide Creek Pit (I.D. No. 35-02479) 
located in Columbia County, Oregon. The petitioner requests that the 
standard be modified to not require handrails on a plank that is used 
occasionally in order to use a pump to grease a bearing. The petitioner 
states that the plank is a temporary method of getting to the grease 
spots without getting muddy and that the plank is only a few feet off 
the ground. The petitioner asserts that the proposed alternate method 
would provide at least the same measure of protection as would the 
mandatory standard.

15. Tide Creek Rock, Inc.

[Docket No. M-94-24-M]

    Tide Creek Rock, Inc., 33625 Tide Creek Road, Deer Island, Oregon 
97054 has filed a petition to modify the application of 30 CFR 56.20003 
(housekeeping) to its Tide Creek Pit (I.D. No. 35-02479) located in 
Columbia County, Oregon. The petitioner requests that the standard be 
modified to allow a condition of messiness if the floor is not filthy 
(clean and dry and undamaged (without protruding nails, splinters, 
holes, or loose boards). The petitioner states that employees use this 
shop only infrequently to get tools, to make small repairs, or to use 
the phone. The petitioner asserts that the proposed alternate method 
would provide at least the same measure of protection as would the 
mandatory standard.

16. Tide Creek Rock, Inc.

[Docket No. M-94-25-M]

    Tide Creek Rock, Inc., 33625 Tide Creek Road, Deer Island, Oregon 
97054 has filed a petition to modify the application of 30 CFR 
56.14107(a) (moving machine parts) to its Tide Creek Pit (I.D. No. 35-
02479) located in Columbia County, Oregon. The petitioner requests that 
the standard be modified to allow the area of the V-belt drive to not 
have a guard as it is 12 feet from any working surface and inaccessible 
except for a ladder used to access the area only when the drive is not 
operating. The petitioner asserts that the proposed alternate method 
would provide at least the same measure of protection as would the 
mandatory standard.

17. Tide Creek Rock, Inc.

[Docket No. M-94-26-M]

    Tide Creek Rock, Inc., 33625 Tide Creek Road, Deer Island, Oregon 
97054 has filed a petition to modify the application of 30 CFR 
56.14107(a) (moving machine parts) to its Tide Creek Pit (I.D. No. 35-
02479) located in Columbia County, Oregon. The petitioner requests that 
the standard be modified to allow a chain fence 7 feet from the area in 
place of guards on the back side of the V-belt pulleys for the EL-JAY 
gyro. The petitioner asserts that the proposed alternate method would 
provide at least the same measure of protection as would the mandatory 
standard.

18. Tide Creek Rock, Inc.

[Docket No. M-94-27-M]

    Tide Creek Rock, Inc., 33625 Tide Creek Road, Deer Island, Oregon 
97054 has filed a petition to modify the application of 30 CFR 
56.14107(a) (moving machine parts) to its Tide Creek Pit (I.D. No. 35-
02479) located in Columbia County, Oregon. The petitioner requests that 
the standard be modified to allow a chain fence 7 feet from the area in 
place of guards on the tail pulley of the conveyor. The petitioner 
asserts that the proposed alternate method would provide at least the 
same measure of protection as would the mandatory standard.

19. Peabody Coal Company

[Docket No. M-94-42-C]

    Peabody Coal Company, 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 Big Mountain 
No. 16 Mine (I.D. No. 46-07908) located in Boone County, West Virginia. 
The petitioner proposes to replace a padlock on battery plug connectors 
on mobile battery-powered machines with a threaded ring and a spring 
loaded device to prevent the plug connector from accidently disengaging 
while under load; and to instruct all persons during safety meetings on 
the requirements for operating or maintaining battery-powered machines. 
The petitioner states that application of the standard would result in 
a diminution of safety to the miners. In addition, the petitioner 
asserts that the proposed alternate 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 may 26, 1994. Copies 
of these petitions are available for inspection at that address.

    Dated: April 19, 1994.
Patricia W. Silvey,
Director, Office of Standards, Regulations and Variances.
[FR Doc. 94-10026 Filed 4-25-94; 8:45 am]
BILLING CODE 4510-23-P