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. Kade Coal Company, Inc.

[Docket No. M-96-36-C]

Kade Coal Company, Inc., Route 1, Box 513, Grundy, Virginia 24614

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

(refuse piles; general) to its Mine No. 2 (I.D. No. 44-06483) located

in Buchanan County, Virginia. The petitioner proposes to cover several

entries at each abandoned mine opening with coarse refuse material

during construction of a refuse fill. Presently, the petitioner is

depositing coarse refuse material on the existing Red Ash seam bench

(Refuse Disposal No: 1211-VA5-0297). The petitioner requests this

modification of the standard, to allow four drift openings to be filled

with refuse where drift entries to old mine workings at Mine No. 3

(I.D. No. 44-06310) exist, during construction of refuse fill. The

petitioner asserts that the proposed alternative method would provide

at least the same measure of protection as would the mandatory

standard.

2. Monterey Coal Company

[Docket No. M-96-37-C]

Monterey Coal Company, Rural Route 4, Box 235, Carlinville,

Illinois 62626 has filed a petition to modify the application of 30 CFR

75.380(d)(4)

[[Page 33141]]

(escapeways; bituminous and lignite mines) to its No. 1 Mine (I.D. No.

11-00726) located in Macoupin County, Illinois. The petitioner requests

a modification of the standard to allow the width of the escapeway to

be 5 feet instead of 6 feet when using the belt conveyor as an

alternate escapeway. The petitioner asserts that the proposed

alternative method would provide at least the same measure of

protection as would the mandatory standard.

3. Tennessee Energy Corporation

[Docket No. M-96-38-C]

Tennessee Energy Corporation, 1000 Pocket Road, Whitewell,

Tennessee 37397 has filed a petition to modify the application of 30

CFR 75.1405 (automatic couplers) to its Mine No. 41 (I.D. No. 40-02875)

located in Sequatche County, Tennessee. The petitioner proposed to use

flatcars instead of regular supply cars to haul supplies into the mine

due to mining heights. The petitioner proposes to connect the motor and

the flatcar with a steel tongue that would be aligned and secured with

a pin instead of using automatic couplers. The petitioner asserts that

the proposed alternative method would provide at least the same measure

of protection as would the mandatory standard.

4. R B Coal Company, Inc.

[Docket No. M-96-39-C]

R B Coal Company, Inc., 8174 East Highway 72, Pathfork, Kentucky

40863 has filed a petition to modify the application of 30 CFR 75.1710-

1 (canopies or cabs; self-propelled electric face equipment;

installation requirements) to its R B No. 5 Mine (I.D. No. 15-17077)

located in Harlan County, Kentucky. The petitioner requests a variance

from the use of canopies to the area of the tram leavers used to tram

the two Eimco, Model No. 350-43, roof bolting machines from place to

place. The petitioner states that at no time would the area pass in by

unsupported roof; and asserts that modification of the standard would

not pose any type of additional hazard to the miners.

5. Pontiki Coal Corporation

[Docket No. M-96-40-C and M-96-41-C]

Pontiki Coal Corporation, P.O. Box 801, Route 1401, Lovely,

Kentucky 41231 has filed a petition to modify the application of 30 CFR

75.388 (boreholes in advance of mining) to its Pontiki No. 1 Mine (I.D.

No. 15-08413), and its Pontiki No. 2 Mine (I.D. No. 15-09571) both

located in Martin County, Kentucky. The petitioner proposes to drill

boreholds when working places advance to within 30 feet of certain

surveyed areas in the mine unless those areas have been preshift

examined. The petitioner has outlined specific procedures for its

alternative method in the petition for modification. The petitioner

assets that the proposed alternative method would provide at least the

same measure of protection as would the mandatory standard.

6. Beech Fork Processing, Inc.

[Docket No. M-96-42-C]

Beech Fork Processing, Inc., P.O. Box 190, Lovely, Kentucky 41231

has filed a petition to modify the application of 30 CFR 75.388

(boreholes in advance of mining) to its Mine No. 1 (I.D. No. 15-16162)

located in Johnson County, Kentucky. The petitioner requests a variance

to mine adjacent to old works, leaving a 50 foot unmined barrier

without boring test holes, within 200 feet of old works. The petitioner

asserts that the proposed alternative method would not pose any breach

in safety procedures.

7. New Warwick Mining Company

[Docket No. M-96-43-C]

New Warwick Mining Company, R. D. 1 Box 167A, Mount Morris,

Pennsylvania 15349 has filed a petition to modify the application of 30

CFR 75.364(b)(2) (weekly examination) to its Warwick Mine (I.D. No. 36-

02374) located in Greene County, Pennsylvania. Due to hazardous

conditions in certain areas of the return air course, the area cannot

be traveled in its entirety. The petitioner proposes to establish two

monitoring points to evaluate the affected area. The petitioner states

that the area would be monitored 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. Consolidation Coal Company

[Docket No. M-96-44-C]

Consolidation Coal Company, Consol, Inc., Consol Plaza, 1800

Washington Road, Pittsburgh, Pennsylvania 15241-1421 has filed a

petition to modify the application of 30 CFR 75.364(b)(1) (weekly

examination) to its Loveridge No. Mine (I.D. No. 46-01433) located in

Monongalia County, West Virginia. Due to deteriorating roof conditions

in the intake airway from the vent tubes at the inside shop to the

Sugar Run return air shaft (one block West of Check Point ``C''),

traveling the area to make weekly examinations would be unsafe. The

petitioner proposes to establish two check points, on inby and outby

the affected area; to maintain these check points in a safe conditions

at all times; and to have a certified person test for methane and the

quantity of air on a weekly basis at both check points. In addition,

the person making such examinations would record the results with their

initials and date in a record book kept on the surface and made

accessible to interested parties. The petitioner asserts that the

proposed alternative method would provide at least the same measure of

protection as would the mandatory standard.

9. Elk Run Coal Company

[Docket No. M-96-45-C]

Elk Run Coal Company, P.O. Box 497, Sylvester, West Virginia 25193

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

(permissible electric face equipment; maintenance) to its Castle Mine

(I.D. No. 46-07009), Bishop No. 2 Mine (I.D. No. 46-08181), Black King

No. 1/North Portal (I.D. No. 46-08553), White Knight Mine (I.D. No. 46-

08055), and Black King No. 1 Mine all located in Boone County, West

Virginia; and its Laurel Eagle Mine (I.D. No. 46-0883), and Laurel Alma

Mine (I.D. No. 46-08457) located in Raleigh County, West Virginia. The

petitioner proposes to use permanently installed spring-loaded locking

devices to secure battery plugs on mobile equipment instead of padlocks

to maintain equipment in permissible condition in accordance with 30

CFR 18.41. 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 July 26, 1996.

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

Dated: June 20, 1996.

Edward C. Hugler,

Deputy Assistant Secretary for Mine Safety and Health.

[FR Doc. 96-16260 Filed 6-25-96; 8:45 am]

BILLING CODE 4510-43-M