Petitions for Modification

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. Southern Utah Fuel

[Docket No. M-94-57-C]

Southern Utah Fuel Company, 397 South, 800 West, Salina, Utah 84654

has filed a petition to modify the application of 30 CFR 75.364 (b)(4)

and (c)(3) (weekly examination) to its SUFCO Mine (I.D. No. 42-00089)

located in Sevier County, Utah. The petitioner proposes to establish an

evaluation point to monitor the air quality where the bleeder connector

connects with the North Mains return entries on a weekly basis; and to

prohibit travel in the affected area. The petitioner states that due to

the inability of maintaining the oxygen content at 19.5 percent in the

4th East Bleeder Connector because the air is ventilating the longwall

gob area, the seals located along the bleeder connector cannot be

examined safely and that to increase the air through the gob area would

increase the possibility of spontaneous combustion in the gob. The

petitioner asserts that the proposed alternate method would provide at

least the same measure of protection as would the mandatory standard.

2. Costain Coal, Inc.

[Docket No. M-94-58-C]

Costain Coal Company, P.O. Box 289, Sturgis, Kentucky 42459 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 Baker Mine (I.D. No. 15-14492) located in Webster

County, Kentucky. Due to the width and required production, motor

horsepower will be necessary that requires the use of high-voltage for

longwall equipment in the Kentucky No. 13 seam at the mine. The

petitioner proposes to use high-voltage (2400 volts) operated equipment

in by the last open crosscut at the working longwall sections. The

petitioner asserts that the proposed alternate method would provide at

least the same measure of protection as would the mandatory standard.

3. Black Dog Coal Corporation

[Docket No. M-94-59-C]

Black Dog Coal Corporation, Route 1, Box 105-A, Haysi, Virginia

24256 has filed a petition to modify the application of 30 CFR

75.364(b)(1) (weekly examination) to its No. 1 (I.D. No. 44-05770)

located in Buchanan County, Virginia. The petitioner proposes to check

the quality and quantity of the ventilating current where it enters the

intake entry located to the left of the #3 conveyor at Spad Station

#1022 and where it leaves sub-normal roof conditions at Spad Station

#1211; and to travel into the intake airway at each door in the

brattice line (located at 300 feet intervals) to look up and down the

airway as far as possible to visually inspect the airway in order to

evaluate the ventilation current without exposing the examiner to

unnecessary danger. The petitioner asserts that the proposed

alternative method would provide at least the same measure of

protection as would the mandatory standard.

4. Frontier-Kemper Constructors, Inc.

[Docket No. M-94-28-M]

Frontier-Kemper Constructors, Inc., P.O. Box 726, San Manuel,

Arizona 85631 has filed a petition to modify the application of 30 CFR

57.9360(a) (shelter holes) for its development contract work at Magma

Copper Company's San Manuel Mine (I.D. No. 02-00151, AO-1) located in

Pinal County, Arizona. The petitioner proposes to cut 34,500 lineal

feet of circular shaped drift, 15 feet in diameter, using a Tunnel

Boring Machine, 3440 vertical feet underground. The petitioner states

that the haulage roadway is rail mounted and consists of a 36 inch

gauge track, using 70 pound rail and 65 inch wide Brookville Diesel

Locomotives pulling Mullenhauser side dump cars; that the shelter holes

would be installed at 200 feet centers in accordance with Az. 27-345 as

a new mandatory policy for the petitioner; and that the shelter holes

would not be used for storage. The petitioner proposes to provide

training consisting of thorough-on-site instruction by petitioner's

personnel on the use of shelter holes when trains are in the drift; to

conduct discussions regarding the reason this policy is being

implemented; to distribute written notice of the new policy and the

fact that disciplinary action may be taken when the new policy is not

followed; to incorporate the new policy into petitioner's written

policies and procedures manual; to provide annual refresher training

and task training to new employees on the use of the platform shelters

(shelter holes); and to post signs throughout the drift instructing the

miners to use the platform shelters (shelter holes) when trains are

moving in the drift. The petitioner states that application of the

standard would result in a diminution of safety to its personnel. 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 June 23, 1994.

Copies of these petitions are available for inspection at that address.

Dated: May 16, 1994.

Patricia W. Silvey,

Director, Office of Standards, Regulations and Variances.

[FR Doc. 94-12562 Filed 5-23-94; 8:45 am]

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