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. KenAmerican Resources, Inc.

[Docket No. M-95-53-C]

KenAmerican Resources, Inc., 7590 Highway 181, Central City,

Kentucky 42330 has filed a petition to modify the application of 30 CFR

75.213 (roof support removal) to its Paradise No. 11 Mine (I.D. No. 15-

17606) located in Wayne County, Kentucky. The petitioner requests a

modification of the standard to permit the removal of loose roof bolts

where massive self-supporting limestone roof is exposed. The petitioner

asserts that the proposed alternative method would provide at least the

same measure of protection as would the mandatory standard.

2. CONSOL of Kentucky, Inc.

[Docket No. M-95-54-C]

CONSOL of Kentucky, Inc., Consol Plaza, 1800 Washington Road,

Pittsburgh, Pennsylvania 15241 has filed a petition to modify the

application of 30 CFR 75.1101-8 (water sprinkler systems; arrangement

of sprinklers) to its Indian Gap Mine--Hz4 (I.D. No. 15-17652) located

in Letcher County, Kentucky. The petitioner proposes to use a single

overhead pipe system with \1/2\-inch orifice automatic sprinklers

located on 10-foot centers, to cover 50 feet of fire-resistant belt or

150 feet of non-fire resistant belt, with actuation temperatures

between 200 degrees and 230 degrees fahrenheit and with water pressure

equal to or greater than 10 psi. The sprinklers would be located not

more than 10 feet apart, so that the discharge of water would extend

over the belt drive, belt take-up, electrical control, and gear

reducing unit. The petitioner asserts that the proposed alternative

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

the mandatory standard.

3. Mountain Valley Management, Inc. T/A Bucket Coal Company

[Docket No. M-95-55-C]

Mountain Valley Management, Inc., T/A Bucket Coal Company, 1021

Chestnut Street, Pottsville, Pennsylvania 17901 has filed a petition to

modify the application of 30 CFR 75.335 (construction of seals) to its

Heather Mine (I.D. No. 36-07903) located in Schuylkill 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.

4. Kerr-McGee Coal Corporation

[Docket No. M-95-56-C]

Kerr-McGee Coal Corporation, Caller Box 3013, Gillette, Wyoming

82717 has filed a petition to modify the application of 30 CFR 77.402

(hand-held power tools; safety devices) to its Jacobs Ranch Mine (I.D.

No. 48-00997) located in Campbell County, Wyoming. The petitioner

proposes to use gas-powered chain saws with a trigger latch to start

the saw and to follow all other manufacturer's instructions. The

petitioner asserts that the proposed alternative method would provide

at least the same measure of protection as would the mandatory

standard.

5. D.G.W. Coal Company

[Docket No. M-95-57-C]

D.G.W. Coal Company, R.D. #2, Box 425-B-2, Pine Grove, Pennsylvania

17963 has filed a petition to modify the application of 30 CFR 75.335

(construction of seals) to its No. 7 Vein Slope (I.D. No. 36-07093)

located in Schuylkill County, Pennsylvania. The

[[Page 21832]] 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.

6. Black Gem Mining, Inc.

[Docket No. M-95-58-C]

Black Gem Mining, Inc., P.O. Box 1257, Pikeville, Kentucky 41502

has filed petitions to modify the application of 30 CFR 75.1710

(canopies or cabs; electric face equipment) to its No. 3 Mine (I.D. No.

15-12303) located in Floyd County, Kentucky. The petitioner proposes to

operate its C X 2 S & S Scoop without a canopy due to the height of

this equipment, which is 54 inches with canopy, and the height of the

seam varies from 40 inches to 60 inches. The petitioner states that

installation of a canopy on the equipment would result in a diminution

of safety to the equipment operator.

7. McElroy Coal Company

[Docket No. M-95-59-C]

McElroy Coal Company, Consol Plaza, 1800 Washington Road,

Pittsburgh, Pennsylvania 15241 has filed petitions 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 and rib conditions in the return entry of the new

section adjacent to the bottom of the Belt Slope in the oldest portion

of the mine, physically traveling the area on a weekly basis would be

unsafe. The petitioner proposes establish checking stations A and B to

monitor for methane and the quantity of air in the affected area; to

have a certified person check each station on a weekly basis and record

the result in a book kept on the surface and made available for

inspection by interested persons; to conduct an immediate investigation

of the affected area by the mine foreman and record the results in a

book located on the surface if at any time the quantity of air at

either checking station indicates a change of ten (10) percent or a 0.5

percent increase in methane; to include the checking stations in the

Ventilation Plan with the location of air readings shown on the

ventilation map; and to examine the stopping line along the track entry

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.

8. Mystic Energy, Inc.

[Docket No. M-95-60-C]

Mystic Energy, Inc., 130 George Street, Suite J, Beckley, West

Virginia 25801 has filed a petition to modify the application of 30 CFR

75.503 (permissible electric face equipment; maintenance) to its

Candice 2 Mine (I.D. No. 46-08429) located in Boone County, West

Virginia. The petitioner proposes to replace a padlock on battery plug

connectors on mobile battery-powered machines used inby the last open

cross-cut with a threaded ring and a spring loaded device to prevent

the plug connector from accidently disengaging while under load; to

provide a warning tag that states ``Do Not Disengage Plugs Under Load''

on all battery plug connectors on battery-powered machines using the

alternative method; and to instruct all persons who are required to

operate or maintain the battery-operated machines on safe work

practices and procedures. The petitioner states that application of the

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.

9. AMAX Coal West, Inc.

[Docket No. M-95-61-C]

AMAX Coal West, Inc., P.O. 3040, Gillette, Wyoming 82717-3040 has

filed a petition to modify the application of 30 CFR 77.1304(a)

(blasting agents; special provisions) to its Eagle Butte Mine (I.D. No.

48-01078) located in Campbell County, Wyoming. The petitioner proposes

to use petroleum-based lubrication oils, recycled from equipment used

at its mine for blending with fuel oil for the purpose of creating

ammonium nitrate/fuel oil (ANFO) for use as a blasting agent at its

surface coal mine. The petitioner asserts that the proposed alternative

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

the mandatory standard.

10. Pen Coal Corporation

[Docket No. M-95-62-C]

Pen Coal Corporation, Route 1, Box 191, Dunlow, West Virginia 25511

has filed a petition to modify the application of 30 CFR 75.503

(permissible electric face equipment; maintenance) to its Devilstrace

N. 3 Mine (I.D. No. 46-08470) located in Wayne County, West Virginia.

The petitioner proposes to replace a padlock on battery plug connectors

on mobile battery-powered machines used inby the last open cross-cut

with a threaded ring and a spring loaded device to prevent the plug

connector from accidently disengaging while under load; to provide a

warning tag that states ``Do Not Disengage Plugs Under Load'' on all

battery plug connectors on battery-powered machines using the

alternative method; and to instruct all persons who are required to

operate or maintain the battery-operated machines on safe work

practices and procedures. The petitioner states that application of the

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.

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 2, 1995. Copies

of these petitions are available for inspection at that address.

Dated: April 27, 1995.

Patricia W. Silvey,

Director, Office of Standards, Regulations and Variances.

[FR Doc. 95-10850 Filed 5-2-95; 8:45 am]

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