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. Martinka Coal Company

[Docket No. M-94-01-C]

Martinka Coal Company, 750 Levels Road, Fairmont, West Virginia

26554, has filed a petition to modify the application of 30 CFR

75.364(b)(2) (weekly examination) to its Tygart River Mine (I.D. No.

46-03805) located in Marion County, West Virginia. Due to hazardous

roof conditions, certain areas of the mine cannot be traveled safely.

The petitioner proposes to establish evaluation points to monitor for

methane and quantity of air in the affected areas. Petitioner asserts

that the proposed alternate method would provide at least the same

measure of protection as would the mandatory standard.

2. T & T Energy, Inc.

[Docket No. M-94-02-C]

T & T Energy, Inc., P.O. Box 206, Bruceton Mills, West Virginia

26525, has filed a petition to modify the application of 30 CFR

75.380(d)(3) and (4) (escapeways; bituminous and lignite mines) to its

Mine No. 1 (I.D. No. 46-01822) located in Preston County, West

Virginia. The petitioner proposes to leave the affected area

undisturbed, stating that the area has been used for ten years without

a problem and that compliance with the standard would result in a

diminution of safety. Petitioner asserts that the miners are guaranteed

no less than the same measure of protection as would be provided by the

mandatory standard.

3. Peabody Coal Company

[Docket No. M-94-03-C]

Peabody Coal Company, 1951 Barrett Court, P.O. Box 1990, Henderson,

Kentucky 42420-1990, has filed a petition to modify the application of

30 CFR 75.364(b)(4) (weekly examination) to its Camp No. 1 Mine (I.D.

No. 15-02709) located in Union County, Kentucky. Due to hazardous roof

conditions, certain areas of the mine cannot be traveled safely. The

petitioner proposes to monitor for methane and quantity of air in the

affected areas and asserts that this proposed alternative would provide

at least the same measure of protection as would the mandatory

standard.

4. Consolidation Coal Company

[Docket No. M-94-04-C]

Consolidation Coal Company, Consol Plaza, 1800 Washington Road,

Pittsburgh, Pennsylvania 15241-1421, has filed a petition to modify the

application of 30 CFR 75.364(c)(2) (weekly examination) to its Osage

No. 3 Mine (I.D. No. 46-01455) located in Monogalia County, West

Virginia. Due to deteriorated conditions, certain areas of the mine

cannot be traveled safely. The petitioner proposes to establish

evaluation points to monitor for methane and quantity of air in the

affected areas. The petitioner asserts that the proposed alternate

method would provide at least the same measure of protection as would

the mandatory standard.

5. Trent Coal, Inc.

[Docket No. M-94-05-C)

Trent Coal, Inc., 600 Grant Street, Pittsburgh, Pennsylvania 15219,

has filed a petition to modify the application of 30 CFR 75.380(f)

(escapeways; bituminous and lignite mines) to its Rice No. 2 Mine (I.D.

No. 36-03636) located in Cambria County, Pennsylvania. Due to the size

of the electric golf carts used in the primary escapeway and the

relative size of fire suppression systems, these golf carts would not

be able to operate satisfactorily with such a system. The petitioner

proposes to construct the golf carts of fire-resistant material,

protect the battery/motor circuit by a fuse, perform all battery

charging on the surface, and provide all golf carts with a multipurpose

dry chemical fire extinguisher. Petitioner asserts that the proposed

alternate method would provide at least the same measure of protection

as would the mandatory standard.

6. Eldorado Chemical Co.

[Docket No. M-94-01-M]

Eldorado Chemical Company, P.O. Box 419082, St. Louis, Missouri

63141-1782, has filed a petition to modify the application of 30 CFR

56.6309 (fuel oil requirements for ANFO) to its Martiki Mine (I.D. No.

15-07295) located in Marion County, Kentucky. The petitioner proposes

to implement a ``recycled used oil/ANFO mixture operation'' at the mine

site and states that the product would parallel that of a conventional

Ammonium Nitrate/No. 2 diesel fuel conventional ANFO blasting agent

product.

7. San Juan Asphalt

[Docket No. M-94-02-M]

San Juan Asphalt, P.O. Box 490, Goshen, California 93227, has filed

a petition to modify the application of 30 CFR 56.14107(a) (moving

machine parts) to its Asphalt Mine (I.D. No. 04-04896) located in San

Benito County, California. The petitioner states that it is impossible

to provide the guard required by the standard due to pinch points and a

heavily congested area in a confined space. Petitioner proposes to

prohibit entry of miners while plant is energized by installing a heavy

door with a lock.

8. Moline Consumers Company

[Docket No. M-94-03-M]

Moline Consumers Company, 1701 Fifth Avenue, Moline, Illinois 61265

has filed a petition to modify the application of 30 CFR 56.14107

(moving machine parts) to its Midway Stone No. 45 mine (I.D. No. 11-

00134) located in Rock Island County, Illinois. The petitioner proposes

to prohibit entry of employees while equipment is operating by

enclosing equipment within a 6-foot fence with a padlocked gate, the

gate to be equipped with an electrical interlock wired directly to the

motor control circuit which de-energizes the motor if the gate is

opened. Petitioner states that this method of guarding will afford the

miners at least the same level of safety as would the guarding required

by the standard.

9. Magma Copper Company

[Docket No. M-94-04-M]

Magma Copper Company, 7400 North Oracle Road, Suite 200, Tucson,

Arizona 85704, has filed a petition to modify the application of 30 CFR

57.9360(a) (shelter holes) to its San Manuel Mine (I.D. No. 02-00151)

located in Pinal County, Arizona. The petitioner proposes two

alternative sets of stipulations. The first set of stipulations would

use pony set shelter holes located 10 feet above the panel floor as

designated ``shelter holes'' in all haulage panels at intervals of

approximately 35 feet regardless of clearance; to provide training to

all crews working on haulage on the use of the pony sets when trains

are in the panel; to include new procedures and policies for haulage

levels in its new policy manual; to post signs throughout the haulage

panels directing crews to use the pony sets as shelter holes when

trains are moving in the panel; and to keep train speeds in the

haulageways at less than 5 mph to allow ample time to access the pony

set shelter holes. Also, petitioner proposes a second alternative set

of stipulations to use certain existing manway shelter holes as

designated shelter holes in all haulage panels; to train all crews

working on haulage; and to include new procedures and policies in its

policy manual. 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 either of the proposed

alternative methods 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 February 28, 1994.

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

Dated: January 21, 1994.

Patricia W. Silvey,

Director, Office of Standards, Regulations and Variances.

[FR Doc. 94-1912 Filed 1-27-94; 8:45 am]

BILLING CODE 4510-43-P