[Federal Register Volume 60, Number 41 (Thursday, March 2, 1995)]
[Notices]
[Pages 11680-11682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5141]



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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. Rothermel Coal Company

[Docket No. M-95-07-C]

    Rothermel Coal Company, R.D. #1, Box 33A, Klingerstown, 
Pennsylvania 17941 has filed a petition to modify the application of 30 
CFR 75.335 (construction of seals) to its No. 11 Slope (I.D. No. 36-
07558) located in Northumberland County, Pennsylvania. The petitioner 
requests a modification of the standard to permit alternative methods 
of seal construction using wooden materials of moderate size and weight 
due to the difficulty in accessing previously driven headings and 
breasts containing inaccessible abandoned workings; to accept a design 
criterion in the 10 psi range; and to permit the water trap to be 
installed in the gangway seal and sampling tube in the monkey seal for 
seals installed in pairs. The petitioner asserts that the proposed 
alternative method would provide at least the same measure of 
protection as would the mandatory standard.

2. Rothermel Coal Company

[Docket No. M-95-08-C]

    Rothermel Coal Company, R.D. #1, Box 33A, Klingerstown, 
Pennsylvania 17941 has filed a petition to modify the application of 30 
CFR 75.360 (preshift examination) to its No. 11 Slope (I.D. No. 36-
07558) located in Northumberland County, Pennsylvania. The petitioner 
proposes to examine each seal for physical damage from the slope 
gunboat during the preshift examination after an air quantity reading 
is taken inby 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. Rothermel Coal Company

[Docket No. M-95-09-C]

    Rothermel Coal Company, R.D. #1, Box 33A, Klingerstown, 
Pennsylvania 17941 has filed a petition to modify the application of 30 
CFR 75.1100-2(a) (quantity and location of firefighting equipment) to 
its No. 11 Slope (I.D. No. 36-07558) located in Northumberland 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.

4. Rothermel Coal Company

[Docket No. M-95-10-C]

    Rothermel Coal Company, R.D. #1, Box 33A, Klingerstown, 
Pennsylvania 17941 has filed a petition to modify the application of 30 
CFR 75.1200(d) and (i) (mine map) to its No. 11 Slope (I.D. No. 36-
07558) 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 feet intervals of advance from the intake slope and to 
limit the mapping of mine workings above and below to those present 
within 100 feet of the vein being mined except when veins are 
interconnected to other veins beyond the 100 feet 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.

5. Rothermel Coal Company

[Docket No. M-95-11-C]

    Rothermel Coal Company, R.D. #1, Box 33A, Klingerstown, 
Pennsylvania 17941 has filed a petition to modify the application of 30 
CFR 75.1202-1(a) (temporary notations, revisions, and supplements) to 
its No. 11 Slope (I.D. No. 36-07558) located in Northumberland County, 
Pennsylvania. The petitioner proposes to revise and supplement mine 
maps on an annual basis instead of the required 6 month interval 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. Stephen Shingara Jr. Coal Company

[Docket No. M-95-12-C]

    Stephen Shingara Jr. Coal Company, R.D. #1, Box 369, Shamokin, 
Pennsylvania 17872 has filed a petition to modify the application of 30 
CFR 75.335 (construction of seals) to its No. 1 Slope (I.D. No. 36-
02280) located in Northumberland County, Pennsylvania. The petitioner 
requests a modification of the standard to permit alternative 
[[Page 11681]] methods of seal construction using wooden materials of 
moderate size and weight due to the difficulty in accessing previously 
driven headings and breasts containing inaccessible abandoned workings; 
to accept a design criterion in the 10 psi range; and to permit the 
water trap to be installed in the gangway seal and sampling tube in the 
monkey seal for seals installed in pairs. The petitioner asserts that 
the proposed alternative method would provide at least the same measure 
of protection as would the mandatory standard.

7. Stephen Shingara Jr. Coal Company

[Docket No. M-95-13-C]

    Stephen Shingara Jr. Coal Company, R.D. #1, Box 369, Shamokin, 
Pennsylvania 17872 has filed a petition to modify the application of 30 
CFR 75.360 (preshift examination) to its No. 1 Slope (I.D. No. 36-
02280) located in Northumberland County, Pennsylvania. The petitioner 
proposes to examine each seal for physical damage from the slope 
gunboat during the preshift examination after an air quantity reading 
is taken inby 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.

8. Stephen Shingara Jr. Coal Company

[Docket No. M-95-14-C]

    Stephen Shingara Jr. Coal Company, R.D. #1, Box 369, Shamokin, 
Pennsylvania 17872 has filed a petition to modify the application of 30 
CFR 75.1100-2(a) (quantity and location of firefighting equipment) to 
its No. 1 Slope (I.D. No. 36-02280) located in Northumberland 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. Stephen Shingara Jr. Coal Company

[Docket No. M-95-15-C]

    Stephen Shingara Jr. Coal Company, R.D. #1, Box 369, Shamokin, 
Pennsylvania 17872 has filed a petition to modify the application of 30 
CFR 75.1200(d) & (i) (mine map) to its No. 1 Slope (I.D. No. 36-02280) 
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 feet intervals of advance from the intake slope and to limit the 
mapping of mine workings above and below to those present within 100 
feet of the vein being mined except when veins are interconnected to 
other veins beyond the 100 feet 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.

10. Stephen Shingara Jr. Coal Company

[Docket No. M-95-16-C]

    Stephen Shingara Jr. Coal Company, R.D. #1, Box 369, Shamokin, 
Pennsylvania 17872 has filed a petition to modify the application of 30 
CFR 75.1202-1(a) (temporary notations, revisions, and supplements) to 
its No. 1 Slope (I.D. No. 36-02280) located in Northumberland County, 
Pennsylvania. The petitioner proposes to revise and supplement mine 
maps on an annual basis instead of the required 6 month interval 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.

11. Frank Branch Mining, Inc.

[Docket No. M-95-17-C]

    Frank Branch Mining, Inc., Route 1, Box 200, Dunlow, West Virginia 
25511 has filed a petition to modify the application of 30 CFR 75.503 
(permissible electric face equipment; maintenance) to its Frank Branch 
No. 1 Mine (I.D. No. 46-07838) located in Wayne 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; to have a warning tag on all battery plug connectors 
on the battery-powered machines that states ``do not disengage plugs 
under load;'' and to instruct all persons required to operate or 
maintain the battery-powered machines in the safe practices and 
provisions provided for in the alternative method of compliance. The 
petitioner states 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.

12. Frank Branch Mining, Inc.

[Docket No. M-95-18-C]

    Frank Branch Mining, Inc., Route 1, Box 200, Dunlow, West Virginia 
25511 has filed a petition to modify the application of 30 CFR 75.503 
(permissible electric face equipment; maintenance) to its Frank Branch 
No. 2 Mine (I.D. No. 46-08412) located in Wayne County, West Virginia. 
The petitioner proposes to replace a padlock on battery plug connectors 
with a threaded ring and a spring loaded device on mobile battery-
powered machines to prevent the plug connector from accidently 
disengaging while under load; to have a warning tag on all battery plug 
connectors on the battery-powered machines that states ``do not 
disengage plugs under load;'' and to instruct all persons required to 
operate or maintain the battery-powered machines in the safe practices 
and provisions provided for in the alternative method of compliance. 
The petitioner states 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.

13. Copperas Coal Corporation

[Docket No. M-95-19-C]

    Copperas Coal Corporation, P.O. Box 4544, Chapmanville, West 
Virginia 25508 has filed a petition to modify the application of 30 CFR 
75.503 (permissible electric face equipment; maintenance) to its Red 
Oak Mine (I.D. No. 46-08135) located in Boone County, West Virginia. 
The petitioner proposes to replace a padlock on battery plug connectors 
with a threaded ring and a spring loaded device on mobile battery-
powered machines to prevent the plug connector from accidently 
disengaging while under load; to have a warning tag on all battery plug 
connectors on the battery-powered machines that states ``do not 
disengage plugs under load''; and to instruct all persons required to 
operate or maintain the battery-powered machines in the safe practices 
and provisions provided for in the alternative method of compliance. 
The petitioner states 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 [[Page 11682]] protection as would the 
mandatory standard.

14. Eighty-Four Mining Company

[Docket No. M-95-20-C]

    Eighty-Four Mining Company, P.O. Box 729, Indiana, Pennsylvania 
15701 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 Mine 84 (I.D. No. 36-00958) located in 
Washington County, Pennsylvania. The petitioner proposes to use high-
voltage (4,160 volts) cables inby the last open crosscut to supply 
power to longwall face equipment. The petitioner asserts that the 
proposed alternative method would provide at least the same measure of 
protection as would the mandatory standard.

15. Minnesota Ore Operations, USX Corporation

[Docket No. M-95-03-M]

    Minnesota Ore Operations, USX Corporation, 600 Grant Street, room 
1580, Pittsburgh, Pennsylvania 15219 has filed a petition to modify the 
application of 30 CFR 56.15014 (eye protection when operating grinding 
wheels) to its Minntac Mine (I.D. No. 21-00282); its Minntac Plant 
(I.D. No. 21-00820); and its Maintenance Department (I.D. No. 21-00819) 
all located in St. Louis County, Minnesota. The petitioner proposes to 
continue using pedestal grinders with safety shields; to continue 
providing safety glasses, including prescription glasses to all 
employees for them to wear while working, except in office areas; and 
to discontinue using face shields when employees are wearing safety 
glasses while operating pedestal grinders equipped with safety shields. 
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 April 3, 1995. 
Copies of these petitions are available for inspection at that address.

    Dated: February 24, 1995.
Patricia W. Silvey,
Director, Office of Standards, Regulations and Variances.
[FR Doc. 95-5141 Filed 3-1-95; 8:45 am]
BILLING CODE 4510-43-M