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 Ohio Coal Company

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

American Electric Power Service Corporation, One Memorial Drive,

Box 700, Lancaster, Ohio 43130-0700 has filed a petition for Southern

Ohio Coal Company to modify the application of 30 CFR 75.335

(construction of seals) to its Meigs Mine No. 31 (I.D. No. 33-01172)

located in Meigs County, Ohio. The petitioner proposes to construct a

dam with pipes eight inches in diameter, extending through the dam

approximately fifty feet from the seal on the active workings side of

the seal. The water level at the seal would be above the bottom of the

seal with the water passing through the three pipes at a rate

comparable to that at which it is produced in the abandoned Raccoon

Mine No. 3. The water flows into a sump and is pumped from the Meigs

Mine No. 31. The petitioner proposes to examine the seal at least every

three days instead of every seven days and to install an atmospheric

monitoring system in the area immediately outby the seal to monitor for

methane and carbon monoxide. The petitioner asserts that the proposed

alternate method would provide at least the same measure of protection

as would the mandatory standard.

2. Bear Coal Company, Inc.

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

Bear Coal Company, Inc., P.O. Box 518, Somerset, Colorado 81434 has

filed a petition to modify the application of 30 CFR 75.380(d)(4)

(escapeways; bituminous and lignite mines) to its Bear No. 3 Mine (I.D.

No. 05-03787) located in Gunnison County, Colorado. The petitioner

requests that the standard be modified to allow a 4 foot wide x 5 foot

high escapeway, without the use of supplemental support, through the

beltline slope. The petitioner asserts that the proposed alternate

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

the mandatory standard.

3. Kelley Creek Resources, Inc.

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

Kelley Creek Resources, Inc., Route 4, Box 662, Whitwell, Tennessee

37397 has filed a petition to modify the application of 30 CFR

75.364(a)(1) (weekly examination) to its Mine No. 78 (I.D. No. 40-

02934) located in Sequatchie County, Tennessee. Due to deteriorating

roof conditions, to examine the area would require extensive cleanup.

The petitioner proposes to designate evaluation points at specific

locations, strategically positioned to monitor on a weekly basis the

quantity and quality of air entering, passing through, and exiting the

affected area. The petitioner asserts that the proposed alternative

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

the mandatory standard.

4. Kelley Creek Resources, Inc.

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

Kelley Creek Resources, Inc., Route 4, Box 662, Whitwell, Tennessee

37397 has filed a petition to modify the application of 30 CFR

75.333(g) (ventilation controls) to its Mine No. 78 (I.D. No. 40-02934)

located in Sequatchie County, Tennessee. Due to deteriorating roof

conditions, installing line brattice to make a crosscut in the entries

or rooms inby the rib would require extensive cleanup of the area,

which would expose the examiner and other personnel to unsafe

conditions and would jeopardize the safety and health of the miners.

The petitioner proposes to designate evaluation points at specific

locations, strategically positioned to monitor the quantity and quality

of air entering, passing through and exiting the affected area. The

petitioner asserts that the proposed alternate method would provide at

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

5. Kelley Creek Resources, Inc.

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

Kelley Creek Resources, Inc., Route 4, Box 662, Whitwell, Tennessee

37397 has filed a petition to modify the application of 30 CFR

75.360(b)(6) (preshift examination) to its Mine No. 78 (I.D. No. 40-

02934) located in Sequatchie County, Tennessee. Due to deteriorating

roof conditions, traveling the intake air course to conduct preshift

examinations would be unsafe. The petitioner proposes to designate

evaluation points at specific locations, strategically positioned to

monitor the quantity and quality of air entering, passing through, and

exiting the affected area. The petitioner asserts that the alternate

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

the mandatory standard.

6. New Warwick Mining Company

[Docket No. M-94-29-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 deteriorating

roof conditions in the intake air course, traveling the affected area

to make weekly examinations would be unsafe. The petitioner proposes to

establish evaluation points #4 and #5 to monitor the quantity and

quality of air entering and leaving the affected area. The petitioner

asserts that the alternate method would provide at least the same

measure of protection as would the mandatory standard.

7. Mon River Mining Corporation

[Docket No. M-94-30-C]

Mon River Mining Corporation, P.O. Box 2429, Westover, West

Virginia 26505 has filed a petition to modify the application of 30 CFR

75.364(b)(2) (weekly examination) to its No. 1 Deep Mine (I.D. No. 46-

06647) located in Monongalia County, West Virginia. Due to

deteriorating roof conditions in the right return in the crosscut outby

the belt overcast and the adjacent heading at survey Station No. 45,

the area cannot be traveled safely. The petitioner proposes to

establish check point No. 3 outby and check point No. 4 inby the

crosscut; to post danger signs and block off the affected area to

travel; to check each side of the crosscut for proper air movement and

for methane and oxygen deficiency; to record date, time and initials on

a date board on each side of the crosscut; and to make weekly

examinations and record the results in a book kept on the surface. The

petitioner asserts that the alternate method would provide at least the

same measure of protection as would the mandatory standard.

8. New Warwick Mining Company

[Docket No. M-94-31-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 75.335 (a)(2), (c) (1) and (2) (construction of seals) to its

Warwick Mine (I.D. No. 36-02374) located in Greene County,

Pennsylvania. The petitioner proposes to construct a concrete block

water trap wet seal at number 23 seal in the 2 North section of the

mine. The petitioner asserts that the proposed alternate method would

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

standard.

9. Bear Coal Company, Inc.

[Docket No. M-94-32-C]

Bear Coal Company, Inc., P.O. Box 518, Somerset, Colorado 81434 has

filed a petition to modify the application of 30 CFR 75.380(d)(4)

(escapeways; bituminous and lignite mine) to its Bear No. 3 Mine (I.D.

No. 05-03787) located in Gunnison County, Colorado. The petitioner

requests that the standard be modified to allow the existing 4 foot

stairway between the ``B'' and ``C'' seam to be used as an alternate

escapeway. The petitioner asserts that the proposed alternate method

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

mandatory standard.

10. El Dorado Chemical Company

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

On January 28, 1994, a petition for modification for the El Dorado

Chemical Company was published in the Federal Register (59 FR 4114).

The petition was incorrectly docketed as applying to mandatory standard

30 CFR 56.6309 which applies to surface metal/nonmetal mines; the

petitioner was requesting modification of a surface coal mine standard.

However, El Dorado Chemical Company is a contractor having no standing

to submit a petition for modification for the mine operator; thus,

further processing of the petition has ceased.

11. Santa Fe Pacific Gold

[Docket No. M-94-18-M]

Santa Fe Pacific Gold, P.O. Box 69, Golconda, Nevada 89414 has

filed a petition to modify the application of 30 CFR 56.6309(b) (fuel

oil requirements for ANFO) to its Twin Creeks Mine (I.D. No. 26-01942)

located in Humboldt County, Nevada. The petitioner proposes to recycle

used, petroleum-based, and lubrication oil from equipment and blend it

with fuel oil to create a blasting agent (ANFO).

12. FMC Wyoming Corporation

[Docket No. M-94-19-M]

FMC Wyoming Corporation, P.O. Box 873, Green River, Wyoming 82935

has filed a petition to modify the application of 30 CFR 57.22234

(actions at 1.0 percent methane 1-A, 1-B, III, V-A and V-B mines) to

its Trona Mine (I.D. No. 48-00152) located in Sweetwater County,

Wyoming. The petitioner proposes to provide additional training to

miners; to conduct additional methane checks; and to maintain levels in

bleeders at or below applicable standards. The petitioner states that

application of the standard would subject mine personnel to ground

control hazards. 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 2, 1994. Copies

of these petitions are available for inspection at that address.

Dated: March 23, 1994.

Patricia W. Silvey,

Director, Office of Standards, Regulations and Variances.

[FR Doc. 94-7583 Filed 3-30-94; 8:45 am]

BILLING CODE 4510-43-P