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. New Warwick Mining Company

[Docket No. M-93-323-C]

New Warwick Mining Company, R.D. 1, Box 167A, Mount Morris,

Pennsylvania 15349 has filed a petition to modify the application of 30

CFR 75.364(b)(1) (weekly examination) to its Warwick Mine (I.D. No. 36-

02374) located in Greene County, Pennsylvania. Due to hazardous roof

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

petitioner proposes to establish evaluations points to monitor for

methane and the 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.

2. Costain Coal, Inc.

[Docket No. M-93-324-C]

Costain Coal, Inc., P.O. Box 289, Sturgis, Kentucky 42459-0289 has

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

examination) to its Baker Mine (I.D. No. 15-14492) located in Webster

County, Kentucky. The petitioner requests that the minimum volume of

air reaching the inby monitoring point be 5,000 cubic feet per minute.

In addition, the petitioner proposes to physically examine the affected

areas weekly rather than daily because the mine wide atmospheric

monitoring system, with a proposed additional sensor to measure air

velocity, would provide the necessary monitoring. This petition

modifies a Decision and Order on a previous petition, docket number M-

92-94-C. The petitioner states that the proposed alternate method would

not result in a diminution of safety to the miners.

3. Consolidation Coal Company

[Docket No. M-93-325-C]

Consolidation Coal Company, 1800 Washington Road, Pittsburgh,

Pennsylvania 15241-1421 has filed a petition to modify the application

of 30 CFR 75.343(b) (underground shops) to its Loveridge No. 22 Mine

(I.D. No. 46-01433) located in Marion County, West Virginia. The

petitioner proposes to ventilate the underground motor barn with intake

air that is coursed through the affected air course directly into a

return air course and that is not used to ventilate working places; and

to establish check points to monitor for methane and the quantity of

air in the affected area on a weekly basis. The petitioner asserts that

the proposed alternative method would provide at least the same measure

of protection as would the mandatory standard.

4. North Mountain Coal Company

[Docket No. M-93-326-C]

North Mountain Coal Company, R.D. #1, Box 32A, Dornsife,

Pennsylvania 17823 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 Side South Dip (I.D. No. 36-07681)

located in Northumberland County, Pennsylvania. The petitioner proposes

to use nonpermissible electric equipment within 150 feet of the pillar

line and to suspend equipment operation anytime the methane

concentration at the equipment reaches 0.5 percent either during

operation or a preshift examination.

5. McElroy Coal Company

[Docket No. M-93-327-C]

McElroy Coal Company, 1800 Washington Road, Pittsburgh,

Pennsylvania 15241-1421 has filed a petition to modify the application

of 30 CFR 75.364(b)(2) (weekly examination) to its McElroy Mine (I.D.

No. 46-01437) located in Marshall County, West Virginia. Due to

deteriorating roof conditions, certain areas of the return air course

cannot be traveled safely. The petitioner proposes to establish

evaluation points at specific locations and to have a certified person

monitor for methane and the quantity and quality of air at these

evaluation points on a weekly basis and record the results in a book

kept on the surface. The petitioner asserts that the proposed

alternative method would provide at least the same measure of

protection as would the mandatory standard.

6. Sonora Mining Corporation

[Docket No. M-93-13-M]

Sonora Mining Corporation, P.O. Box 1418, Jamestown, California

95327 has filed a petition to modify the application of 30 CFR 56.9300

(berms or guardrails) to its Jamestown Mine (I.D. No. 04-04695) located

in Tuolumne County, California. The petitioner proposes to eliminate

the use of berms during construction of the final lift on the tailings

dam and place material on the dam in one-foot compact layers in order

to comply with the California State Division of Dam Safety. The

petitioner states that the height of the dam (200') has reached a point

where the width on top will not allow enough room for scrapers to

travel and dump their loads if berms are used. In addition, the

petitioner states that to maintain a safe work environment, mobile

equipment that would work on top would drive forward only.

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 10, 1994.

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

Dated: January 5, 1994.

Patricia W. Silvey,

Director, Office of Standards, Regulations and Variances.

[FR Doc. 94-638 Filed 1-10-94; 8:45 am]

BILLING CODE 4510-43-P