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. H & S Coal Company

[Docket No. M-95-67-C]

H & S Coal Company, 534 Melrose Street, Marion Heights,

Pennsylvania 17832 has filed a petition to modify the application of 30

CFR 75.1400 (hoisting equipment; general) to its No. 1 Slope (I.D. No.

36-08447) located in Northumberland County, Pennsylvania. The

petitioner proposes to use a slope conveyance (gunboat) in transporting

persons without installing safety catches or other no less effective

devices but instead use a increased rope strength/safety factor and

secondary safety rope connection in place of such devices. The

petitioner asserts that the proposed alternative method would provide

at least the same measure of protection as would the mandatory

standard.

2. C. H. & S. Coal Company

[Docket No. M-95-68-C]

C. H. & S. Coal Company, Inc., P.O. Box 159, Birchleaf, Virginia

24220 has filed a petition to modify the application of 30 CFR 75.1711-

2 (sealing of slope or drift openings) to its Mine No. 3 (I.D. No. 44-

01246) located in Scott County, Virginia. The petitioner proposes to

install bat gates on openings at Mine No. 3 and Portals C in addition

to the two bat gates already installed by the Virginia Department of

Mines, Minerals and Energy at openings Portal A and Portal B in 1987.

The petitioner states that the U.S. Forest Service has information that

would verify that bat-friendly angle-iron gates have proven highly

successful in ensuring both human and bat safety throughout the

country; and that they would be willing to provide gate plans for

review and to take responsibility for the maintenance and upkeep of the

gates including responsibility for the public's safety. The petitioner

asserts that the proposed alternative method would provide at least the

same measure of protection as would the mandatory standard.

3. Bear Coal Company

[Docket No. M-95-69-C]

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

a petition to modify the application of 30 CFR 75.364(b)(4) (weekly

examination) to its Bear No. 3 Mine (I.D. No. 05-03787) located in

Gunnison County, Colorado. Due to a roof fall in the ``C'' seam at

crosscuts #25 and #26, entries #0 and #1 impeding travel to two (2)

permanent seals the area cannot be traveled safely. The petitioner

proposes to establish monitoring stations to measure the quantity and

quality of air entering and leaving the affected area; to have a

certified person examine the stations on a daily basis and record the

results in a book kept on the surface and made available for inspection

by interested persons. The petitioner asserts that the proposed

alternative method would provide at least the same measure of

protection as would the mandatory standard.

4. Clinchfield Coal Company

[Docket No. M-95-70-C]

Clinchfield Coal Company, 1600 Laidley Tower, P.O. Box 553,

Charleston, West Virginia 25322 has filed a petition to modify the

application of 30 CFR 75.350 (air courses and belt haulage entries) to

its McClure No. 2 Mine (I.D. No. 44-04946) located in Dickenson County,

Virginia. Due to extreme restrictions on the intake airways, the

petitioner proposes to install a low-level carbon monoxide monitoring

system as an early warning fire detection system in all belt entries

used as intake air courses to ventilate the active working faces and to

dilute and render harmless respirable dust and harmful gases. The

petitioner states that application of the standard would result in

diminution of safety to the miners. The petitioner asserts that the

proposed alternative method would provide at least the same measure of

protection as would the mandatory standard.

5. Clinchfield Coal Company

[Docket No. M-95-71-C]

Clinchfield Coal Company, 1600 Laidley Tower, P.O. Box 553,

Charleston, West Virginia 25322 has filed a petition to modify the

application of 30 CFR 75.340(a) (underground electrical installations)

to its McClure No. 2 Mine (I.D. No. 44-04946) located in Dickenson

County, Virginia. Due to extreme air restrictions on the intake

airways, the petitioner proposes to install a low-level carbon monoxide

monitoring system in all belt entries used as intake air courses as an

early warning fire detection system to ventilate the active working

faces and to dilute and render harmless respirable dust and harmful

gases. The petitioner states that application of the standard would

result in a diminution of safety to the miners. The petitioner asserts

that the proposed alternative method would provide at least the same

measure of protection as would the mandatory standard.

6. Costain Coal, Inc.

[Docket No. M-95-72-C]

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

a petition to modify the application of 30 CFR 75.1710-1 (canopies or

cabs; self- [[Page 29715]] propelled electric face equipment;

installation requirements) to its No. 9 Wheatcroft Mine (I.D. No. 15-

13920) located in Webster County, Kentucky. The petitioner requests a

modification of the mandatory standard to eliminate the use of a canopy

or cab on its Pettito Mule longwall shield puller. The petitioner

proposes to have its roof bolt spacing between the longwall shield

canopy tip and the coal block reduced from 5 foot to 4 foot centers; to

install additional roof bolts or cribs if adverse or questionable roof

conditions occur; to install additional roof bolts or cribs if the

longwall canopy tips are located more than 5 feet from the coal block;

and to have a certified person continue to evaluate the roof conditions

during longwall shield removal. The petitioner asserts that the

proposed alternative method would provide at least the same measure of

protection as would the mandatory standard.

7. Consolidation Coal Company

[Docket No. M-95-73-C]

Consolidation Coal Company, Consol Plaza, 1800 Washington Road,

Pittsburgh, Pennsylvania 15241 has filed a petition to modify the

application of 30 CFR 75.364(b) (weekly examination) to its Osage No. 3

Mine (I.D. No. 46-01455) located in Monongalia County, West Virginia.

Due to deteriorating roof and rib conditions in the Main West return

aircourse, between block markers 7 and 18, traveling the area would be

unsafe. The petitioner proposes to establish evaluation check points to

monitor the affected area; to have a certified person test for methane

and the quantity of air at each check point on a weekly basis, and

record the results in a record book kept on the surface and made

available for inspection by interested persons. The petitioner asserts

that the proposed alternative method would provide at least the same

measure of protection as would the mandatory standard.

8. Industrial Coal Corporation

[Docket No. M-95-74-C]

Industrial Coal Corporation, P.O. Box 1139, Grundy, Virginia 24614

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

(refuse piles; general) to its Mine No. 3 (I.D. No. 44-06673) located

in Buchanan County, Virginia. The petitioner proposes to seal the mine

by removing all sloughed overburden for 10 to 12 feet in front of and

to either side of the drift openings in order to allow placement of

suitable material for sealing. The petitioner proposes to install a

rock core underdrain constructed of durable sandstone rock, enclosed in

filter fabric to prevent piping, and/or 2 to 3 inch CMP drain for wet

seal in the lowest entry; to backfill the portal areas with an

impervious, noncombustible material that contains enough fines to

ensure an airtight seal and compacted to 90 percent Proctor dry

density; to backfill to 4 feet above drift openings or to 4 feet above

any visible cracks above the drifts; and to backfill all exposed coal

seams in the vicinity of the openings to a minimum depth of 4 feet

above the top of the seam. Petitioner states that all backfill material

would be placed in 2-foot lifts. The petitioner asserts that the

proposed alternative method would provide at least the same measure of

protection as would the mandatory standard.

9. Trapper Mining, Inc.

[Docket No. M-95-75-C]

Trapper Mining, Inc., P.O. Box 187, Craig, Colorado 81626 has filed

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

agents; special provisions) to its Trapper Mine (I.D. No. 05-02838)

located in Moffat County, Colorado. The petitioner requests that its

previous petition be amended to allow the addition of petroleum-based

solvent (NAPHTHA) to the recycled oil/diesel fuel mixture in the

creation of an ammonium nitrate-fuel oil (ANFO) for use as a blasting

agent at the minesite. The petitioner asserts that the proposed

alternative method would provide at least the same measure of

protection as would the mandatory standard.

10. Twentymile Coal Company

[Docket No. M-95-76-C]

Twentymile Coal Company, 29515 Routt County Road #27, Oak Creek,

Colorado 80467 has filed a petition to modify the application of 30 CFR

75.507 (power connection points) to its Foidel Creek Mine (I.D. No. 05-

03836) located in Routt County, Colorado. The petitioner proposes to

use high-voltage submersible pumps in boreholes drilled into a sump

area or areas of the mine. The petitioner asserts that the proposed

alternative method would provide at least the same measure of

protection as would the mandatory standard.

11. Twentymile Coal Company

[Docket No. M-95-77-C]

Twentymile Coal Company, 29515 Routt County Road #27, Oak Creek,

Colorado 80467 has filed a petition to modify the application of 30 CFR

75.803 (fail safe ground check circuits on high-voltage resistance

grounded systems) to its Foidel Creek Mine (I.D. No. 05-03836) located

in Routt County, Colorado. The petitioner proposes to use high-voltage

submersible pumps in boreholes drilled into a sump area or areas of the

mine. The petitioner asserts that the proposed alternative method would

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

standard.

12. Cyprus Bagdad Copper Corporation

[Docket No. M-95-08-M]

Cyprus Bagdad Copper Corporation, 9100 East Minerals Circle,

Englewood, Colorado 80112 has filed a petition to modify the

application of 30 CFR 56.6309 (fuel oil requirements for ANFO) to its

Bagdad Mine (I.D. No. 02-00137) located in Yavapai County, Arizona. The

petitioner proposes to blend recycled oil with fuel oil in preparing

ammonium nitrate-fuel oil (ANFO) for use as a blasting agent. 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 July 3, 1995. Copies

of these petitions are available for inspection at that address.

Dated: May 25, 1995.

Patricia W. Silvey,

Director, Office of Standards, Regulations and Variances.

[FR Doc. 95-13594 Filed 6-2-95; 8:45 am]

BILLING CODE 4510-43-P