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. Chenoa Coal, Inc.

[Docket No. M-95-102-C]

Chenoa Coal, Inc., Box 101, Regina, Kentucky 41559 has filed a

petition to modify the application of 30 CFR 75.1710-1 to its No. 3

Mine (I.D. No. 15-17656) located in Floyd County, Kentucky. The

petitioner proposes to operate the following electric face equipment

without canopies: One Joy 14CM-1 Continuous Miner; one Long Airdox Roof

Bolter; two Joy 21 SC Shuttle Cars; and two 482 S & S Scoops. The

petitioner states that due to ascending and descending grades creating

dips in the coal bed, installation of canopies on this equipment would

create hazardous conditions to the equipment operator and as well as to

other employees in the mine.

2. Coal Miners, Inc.

[Docket No. M-95-103-C]

Coal Miners, Inc., Route 2, Box 130, Equality, Illinois 62934 has

filed a petition to modify the application of 30 CFR 75.350 to its

Eagle Valley Mine (I.D. No. 11-02846) located in Gallatin County,

Illinois. The petitioner requests a modification to permit the use of

air coursed through belt haulage entries to be used to ventilate active

working places for a time period of 180 days from the date belt haulage

is initiated in the Davis Seam. The petitioner proposes to install a

low-level carbon monoxide detection system as an early warning fire

detection system in the supply road with branches extended to the

beltline at certain locations and located so that the air is monitored

at each belt drive and tailpiece, and at intervals not to exceed 2,000

feet along each conveyor belt entry. The petitioner asserts that the

proposed alternative method would provide at least the same measure of

protection as would the mandatory standard.

3. Old Hickory Coal Company

[Docket No. M-95-104-C]

Old Hickory Coal Company, P.O. Box 305, Madison, West Virginia

25130 has filed a petition to modify the application of 30 CFR

77.1304(a) to its Peat's Branch No. 3 Mine (I.D. No. 46-06750) located

in Logan County, West Virginia. The petitioner proposes to blend

recycled oil, a petroleum-based lubrication oil recycled from equipment

at the mine, with fuel oil to create a blasting agent (ANFO). The

petitioner asserts that the proposed alternative method would provide

at least the same measure of protection as would the mandatory

standard.

4. Hobet Mining, Inc.

[Docket No. M-95-105-C] and [Docket No. M-95-106-C]

Hobet Mining, Inc., P.O. Box 305, Madison, West Virginia 25130 has

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

No. 7 Surface Mine (I.D. No. 46-02249) located in Logan County, West

Virginia, and its No. 21 Surface Mine (46-04670) located in Boone

County, West Virginia. The petitioner proposes to blend recycled oil, a

petroleum-based lubrication oil recycled from equipment at the mine,

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

that the proposed alternative method would provide at least the same

measure of protection as would the mandatory standard.

5. Heatherly Mining, Inc.

[Docket No. M-95-107-C]

Heatherly Mining, Inc., P.O. Box 550, Henryetta, Oklahoma 74437 has

filed a petition to modify the application of 30 CFR 75.1700 to its

Pollyanna No. 8 Mine (I.D. No. 34-01787) located in Le Flore County,

Oklahoma. The petitioner proposes to plug and mine through oil and gas

wells. The petitioner asserts that the proposed alternative method

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

mandatory standard.

6. Lambert Coal Company

[Docket No. M-95-108-C]

Lambert Coal Company, P.O. Box 394, Nora, Virginia 24272 has filed

a petition to modify the application of 30 CFR 75.1710 to its Mine No.

44 (I.D. No. 44-05210) located in Dickenson County, Virginia. The

petitioner proposes to operate the following electric face equipment

without canopies: One Simmons Rand 500 Continuous Miner; one Simmons

Rand TD-2AM Dual Head Roof Bolter; two S & S 21SC Shuttle Cars; one S &

S 74 Scoop; and one S & S 484 Scoop. The petitioner states that the use

of canopies on this electric face equipment would create a hazard to

the equipment operator.

7. Key West Mining, Inc.

[Docket No. M-95-109-C]

Key West Mining, Inc., P.O. Box 768, Grundy, Virginia 24614 has

filed a petition to modify the application of 30 CFR 75.362 to its Mine

No. 3 (I.D. No. 44-03264) located in Buchanan County, Virginia. The

petitioner requests relief from the standard requiring on-shift

examinations of underground conveyor belts in its entirety. The

petitioner states that the area cannot be traveled safely due to

deteriorating roof conditions in the No. 1 conveyor belt entry starting

at a location approximately 170 feet from the surface and extending for

a distance of approximately 90 feet. As an alternative, the petitioner

proposes to visually examine the 90 feet area affected from either side

of the adverse roof conditions; to have firefighting equipment with fog

nozzles stationed on both sides of the adverse roof conditions; to

install a mine phone and belt control switch on the inby end of the

adverse roof conditions; and to have a certified person at the inby end

of the adverse roof conditions at all times to conduct tests of the

carbon monoxide level every 30 minutes while the No. 1 belt is in

operation. The petitioner states that application of the standard would

result in a diminution of safety to the miners. In addition, the

petitioner

[[Page 42922]]

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 September 18, 1995.

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

Dated: August 9, 1995.

Patricia W. Silvey,

Director, Office of Standards, Regulations and Variances.

[FR Doc. 95-20456 Filed 8-16-95; 8:45 am]

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