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. Black Gem Mining, Inc.

[Docket No. M-95-63-C]

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

has filed a petition to modify the application of 30 CFR 75.1710

(canopies or cabs) to its No. 3 Mine (I.D. No. 15-12303) located in

Floyd County, Kentucky. The petitioner proposes to operate its No. 2

(482 S & S Scoop) without a canopy due to 28 feet of substandard

conditions and a height of approximately 28 inches to 32 inches. The

petitioner states that the mine is located in the Elkhorn No. 3 seam

and the height of the seam is very irregular, ranging from 28 inches to

96 inches; that the scoop's primary function is for cleaning and

dusting, hauling timbers, brattice blocks, and for keeping the return

airways free from obstructions on the No. 1 and No. 2 entry; and that

periodically, because of the design of the solid state controls on the

scoop, the scoop must be used out of its primary function due to

dampness that occurs when not operated frequently rendering the scoop

inoperable. The petitioner asserts that application of the standard

would result in a diminution of safety to the equipment operator.

2. Shady Lane Coal Corporation

[Docket No. M-95-64-C]

Shady Lane Coal Corporation, P.O. Box 776, Grundy, Virginia 24614

has filed a petition to modify the application of 30 CFR 77.214(a)

(refuse piles; general) to its Mine No. 4 (I.D. No. 44-06651) located

in Buchanan County, Virginia. The petitioner requests a modification of

the standard to allow construction of a refuse fill in an area

containing abandoned mine openings. The petitioner asserts that the

proposed alternative method would provide at least the same measure of

protection as would the mandatory standard.

3. Genwal Resources, Inc.

[Docket No. M-95-65-C]

Genwal Resources, Inc., P.O. Box 1201, Huntington, Utah 84528 has

filed a petition to modify the application of 30 CFR 75.804(a)

(underground high-voltage cables) to its Crandall Canyon Mine (I.D. No.

42-01715) located in Emery County, Utah. The petitioner requests a

modification of the standard to permit the use of Anaconda Type SHD+GC,

Pirelli Type SHD-CENTER-GC, and Tiger Brand Type SHD-CGC flame-

resistant cables with a flexible No. 16 (A.W.G.) ground check conductor

for the ground continuity check circuit. The petitioner asserts that

the proposed alternative method would provide at least the same measure

of protection as would the mandatory standard.

4. Shell Energy Company, Inc.

[Docket No. M-95-66-C]

Shell Energy Company, Inc., P.O. Box 423, Fairmont, West Virginia

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

75.364(b)(2) (weekly examination) to its Stacy-Meranda Mine (I.D. No.

46-08086) located in Harrison County, West Virginia. Due to hazardous

roof conditions in the No. 3 return air course from 130 feet into the

pitt mouth to the No. 7 crosscut, traveling the affected area in its

entirety would be unsafe. The petitioner proposes to establish monitor

points ``A'' and ``B'' to test for methane and quantity of air in the

affected area; to have a certified person examine each monitor point on

a weekly basis and record the results in a record book kept on the

surface available for inspection by interested persons; to record daily

examinations of the water gauge at the main fan in a record book kept

on the surface; to cease mining if a 10 percent change occurs in the

water gauge on the active section until corrective action has been

made; to cease mining if a 10 percent decrease in the quantity of air

is measured at either monitor point ``A'' or ``B'' in the active

section until corrective action has been made; and to cease mining if

an increase of .05 per centum of methane is detected at either monitor

point in the active section until corrective action has been made. The

petitioner asserts that the proposed alternative method would provide

at least the same measure of protection as would the mandatory

standard.

5. Hunt Midwest Mining, Inc., Licausi Services Company, Holland

Corporation, Amerigold Corporation, Missouri Rock, Inc., and Parkville

Stone Company

[Docket No. M-95-07-M]

Hunt Midwest Mining, Inc., Route 13, 4th Street & Randolph Road,

Randolph, Missouri 64161 has filed a petition to modify the application

of 30 CFR 49.8 (training for mine rescue teams) to its Randolph Mine

(I.D. No. 23-00154) located in Clay County, Missouri. The petitioner is

requesting this modification for The Kansas City Mine Rescue Teams and

states that the following underground mining companies would also be

affected by this modification: Lacausi Services Company, Carefree

Quarries (I.D. No. 23-00007) located in Jackson County, Missouri;

Holland Corporation, Mine No. 1 (I.D. No. 14-00761) located in Johnson

County, Kansas; Amerigold Corporation, Inland Quarries (I.D. No. 14-

00159) located in Wyandotte County, Kansas; Missouri Rock, Inc.,

Missouri Rock, Inc. Mine (I.D. No. 23-01981) located in Clay County,

Missouri; and Parkville Stone Company, Parkville Stone Mine (I.D. No.

23-01883) located in Platte County, Missouri. The petitioner requests a

modification to allow training requirements to be met at different time

frames. The petitioner proposes to conduct training three hours under

oxygen four times annually for twelve hours instead of two hours every

other month for the same annual hours; and to hold training six times

annually with equipment checks monthly, and to reserve two sessions for

annual physicals and first aid training. 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 19, 1995.

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

Dated: May 11, 1995.

Patricia W. Silvey,

Director, Office of Standards, Regulations and Variances.

[FR Doc. 95-12347 Filed 5-18-95; 8:45 am]

BILLING CODE 4510-43-P