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. Birdeye Coal Company, Inc.

[Docket No. M-95-83-C]

Birdeye Coal Company, Inc., HC 66, Box 494, Artemus, Kentucky 40903

has filed a petition to modify the application of 30 CFR 75.342

(methane monitors) to its No. 4 Mine (I.D. No. 15-17676) located in

Knox County, Kentucky. The petitioner proposes to monitor continuously

with a hand-held methane and oxygen detector instead of using machine-

mounted methane monitors on three-wheel tractors with drag bottom

buckets. The petitioner states that this petition request is based on

the safety of the miners involved.

2. Old Ben Coal Company

[Docket No. M-95-84-C]

Old Ben Coal Company, P.O. Box 270, Edgarton, West Virginia 25672

has filed a petition to modify the application of 30 CFR 75.364(b) (1)

and (2) (weekly examination) to its Mine No. 20 (I.D. No. 46-02052)

located in Mingo County, West Virginia. Due to deteriorating roof

conditions in the intake and return air courses of the Alma ``C'' seam

(lower seam), the area cannot be traveled [[Page 33438]] safely. The

petitioner proposes to establish evaluation points to measure the

quantity and direction of airflow entering and leaving each airway in

the affected area; to have a certified person examine the check points

on a weekly basis and record the results in an approved record book; to

provide a date board at the evaluation points; to maintain the

evaluation stations and the approaches to the station in safe

condition; and to investigate immediately any change in air quantity

and quality. 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.

3. Westmoreland Coal Company

[Docket No. M-95-85-C]

Westmoreland Coal Company, P.O. Box 553, Charleston, West Virginia

25322 has filed a petition to modify the application of 30 CFR

75.380(f)(1) (escapeways; bituminous and lignite mines) to its

Pierrepont Mine (I.D. No. 44-06206) located in Wise County, Virginia.

The petitioner proposes to have battery charging stations in the

primary escapeway; to install a low-level early warning smoke detection

sensor in all intake aircourses used as primary escapeways and to have

the sensor located so that the air is monitored at a point 50 feet inby

the crosscut; and to have the intake air ventilating the crosscuts

coursed into the return be of sufficient velocity to prevent rollback

around the check curtains, and not be used to ventilate working places.

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 28, 1995.

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

Dated: June 20, 1995.

Patricia W. Silvey,

Director, Office of Standards, Regulations and Variances.

[FR Doc. 95-15788 Filed 6-27-95; 8:45 am]

BILLING CODE 4510-43-P