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. Mackie J. Coal Company, Inc.

[Docket No. M-95-169-C]

Mackie J. Coal Company, Inc., Route 2, Box 530, Grundy, Virginia

24614 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 Mine No. 4 (I.D. No. 44-06051)

located in Buchanan County, Virginia. The petitioner proposes to use

self-propelled electric face equipment without cabs or canopies in

mining heights of 48 inches or less. The petitioner states that

application of the standard would result in a diminution of safety to

the equipment operator.

2. Marfork Coal Company, Inc.

[Docket No. M-95-170-C]

Marfork Coal Company, Inc., P.O. Box 457, Whitesville, West

Virginia 25209 has filed a petition to modify the application of 30 CFR

75.333(d)(1) (ventilation controls) to its Outpost East Mine (I.D. No.

46-08296); its Outpost West Mine (I.D. No. 46-08295); its White Queen

Mine (I.D. No. 46-08297); its Brushy Eagle Mine (I.D. No. 46-08315);

its Low Gap Mine (I.D. No. 46-08442); and its Birch Fork Mine (I.D. No.

46-08493) all located in Raleigh County, West Virginia. The petitioner

proposes to use electronically operated Roll-Down Doors constructed of

rubber material similar to those used in conveyor belts to control

ventilation within the air course in the main entries instead of using

heavy Metal Doors. The petitioner asserts that the proposed alternative

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

the mandatory standard.

3. Leeco, Inc.

[Docket No. M-95-171-C]

Leeco, Inc., 100 Coal Drive, London, Kentucky 40741 has filed a

petition to modify the application of 30 CFR 75.388(a)(1) (boreholes in

advance of mining) to its Mine No. 63 (I.D. No. 15-16413); its Mine No.

68 (I.D. No. 15-17497) located in Perry County, Kentucky; its Mine No.

60 (I.D. No. 15-12941); and its Mine No. 66 (I.D. No. 15-17172) located

in Leslie County, Kentucky. Instead of drilling boreholes,

[[Page 8305]]

the petitioner proposes to advance panels parallel to gob areas

maintaining a nominal distance of 35 feet and to second mine the panel;

and to mine out the 35 foot barrier to the previous gob as the panel

retreats. The petitioner states that this alternative method would only

apply to working sections mining within 50 feet of the pillared areas

in the same coal mine. The petitioner asserts 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.

4. Basin Resources, Inc.

[Docket No. M-95-172-C]

Basin Resources, Inc., 14300 Highway 12, Weston, Colorado 81091 has

filed a petition to modify the application of 30 CFR 75.1002 (location

of trolley wires, trolley feeder wires, high-voltage cables and

transformers) to its Golden Eagle Mine (I.D. No. 05-02820) located in

Las Animas, Colorado. The petitioner proposes to use high-voltage

(2,400 volts) cables to supply power to longwall mining equipment. The

petitioner asserts that the proposed alternative method would provide

at least the same measure of protection as would the mandatory

standard.

5. Genwal Resources, Inc.

[Docket No. M-95-173-C]

Genwal Resources, Inc., P.O. Box 1420, Huntington, Utah 84528 has

filed a petition to modify the application of 30 CFR 75.352 (return air

courses) to its Crandall Canyon Mine (I.D. No. 42-01715) located in

Emery County, Utah. The petitioner proposes to use belt air in a two-

entry mining system and install a low-level carbon monoxide detection

system as an early warning fire-detection system in the intake

escapeway and the belt entry using specific procedures outlined in its

petition for modification. The petitioner asserts that the proposed

alternative method would provide at least the same measure of

protection as would the mandatory standard.

6. Bituminous-Laurel Mining, Inc.

[Docket No. M-95-174-C]

Bituminous-Laurel Mining, Inc., 100 Coal Drive, London, Kentucky

40741 has filed a petition to modify the application of 30 CFR

75.388(a)(1) (boreholes in advance of mining) to its Mine No. 4 (I.D.

No. 15-11065) located in Leslie County, Kentucky. Instead of drilling

boreholes, the petitioner proposes to advance panels parallel to gob

areas maintaining a nominal distance of 35 feet and to second mine the

panel; and to mine out the 35 foot barrier to the previous gob as the

panel retreats. The petitioner states that this alternative method

would only apply to working sections mining within 50 feet of the

pillared areas in the same coal mine. The petitioner asserts 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.

7. Philippi Development, Inc.

[Docket No. M-95-175-C]

Philippi Development, Inc., 2708 Cranberry Square, Morgantown, West

Virginia 26505 has filed a petition to modify the application of 30 CFR

75.503 (permissible electric face equipment; maintenance) to its

Sentinel Mine (I.D. No. 46-04168) located in Barbour County, West

Virginia. The petitioner proposes to increase the maximum length of its

trailing cables to 900 feet for supplying power to shuttle cars, roof

bolters and mobile roof supports. The petitioner has outlined specific

procedures in its petition for modification to support its proposed

alternative method; and states that proposed revisions to the part 48

training plan would be submitted to the District Manager within 60 days

after the Proposed Decision and Order becomes final that would specify

task training for all miners designated to examine and verify the

short-circuit settings and circuit interrupting device(s). 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-95-176-C]

Consolidation Coal Company, Consol Plaza, 1800 Washington Road,

Pittsburgh, Pennsylvania 15241-1421 has filed a petition to modify the

application of 30 CFR 75.364(b)(2) (weekly examination) to its Robinson

Run No. 95 Mine (I.D. No. 46-01318) located in Harrison County, West

Virginia. Due to deteriorating roof and rib conditions and roof falls

in certain areas of the intake air course, traveling the area would be

unsafe. The petitioner proposes to establish evaluation points to

monitor the quantity and quality of air in the affected area. The

petitioner asserts that the proposed alternative method would provide

at least the same measure of protection as would the mandatory

standard.

9. McElroy Coal Company

[Docket No. M-95-177-C]

McElroy Coal Company, Consol Plaza, 1800 Washington Road,

Pittsburgh, Pennsylvania 15241-1421 has filed a petition to modify the

application of 30 CFR 75.804(a) (underground high-voltage cables) to

its McElroy Mine (I.D. No. 46-01437) located in Marshall County, West

Virginia. The petitioner proposes to use a high-voltage cable with an

internal ground check conductor smaller than No. 10 (A.W.G.) as part of

its 4,160-volt longwall mining system. The petitioner asserts that the

proposed alternative method would provide at least the same measure of

protection as would the mandatory standard.

10. Leeco, Inc.

[Docket No. M-95-178-C]

Leeco, Inc., 100 Coal Drive, London, Kentucky 40741 has filed a

petition to modify the application of 30 CFR 75.333(a) to its Mine No.

63 (I.D. No. 15-16413) located in Perry County, Kentucky. The

petitioner proposes to use semipermanent stoppings in rooms where

second mining is projected. The petitioner states that the

semipermanent stoppings would be constructed of 6-inch, hollow-core

concrete blocks, dry stacked and coated on one side with wood-fiber

based plaster; and 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.

11. White Oak Mining & Construction Company, Inc.

[Docket No. M-95-179-C]

White Oak Mining & Construction Company, Inc., Scofield Route,

Helper, Utah 84526 has filed a petition to modify the application of 30

CFR 75.364(b)(4) to its White Oak Mine #2 (I.D. No. 42-01280) located

in Carbon County, Utah. Due to deteriorating roof conditions, the Main

East intake at the 2nd Right seals and the bleeder entry at the north

end of the 2nd & 3rd Left panels cannot be traveled safely. The

petitioner proposes to establish evaluation points to monitor the

quantity and quality of air in the affected area. 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

[[Page 8306]]

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

standard.

12. Performance Coal Company

[Docket No. M-95-180-C]

Performance Coal Company, P.O. Box 69, Naoma, West Virginia 25140

has filed a petition to modify the application of 30 CFR 75.333(d)(1)

(ventilation controls) to its Upper Big Branch Mine South (I.D. No. 46-

08436) located in Raleigh County, West Virginia. The petitioner

proposes to use electronically operated Roll-Down Doors constructed of

rubber material similar to those used in conveyor belts to control

ventilation within the air course in the main entries instead of using

heavy Metal Doors. The petitioner asserts that the proposed alternative

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

the mandatory standard.

13. Philippi Development, Inc.

[Docket No. M-95-181-C]

Philippi Development, Inc., 2708 Cranberry Square, Morgantown, West

Virginia 26505 has filed a petition to modify the application of 30 CFR

75.350 (air course and belt haulage entries) to its Sentinel Mine (I.D.

No. 46-04168) located in Barbour County, West Virginia. The petitioner

proposes to install a carbon monoxide monitoring system as an early

warning fire detection system in all belt entries used as intake air

courses. The petitioner asserts that the proposed alternative method

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

mandatory standard.

14. Jacks Branch Coal Company

[Docket No. M-95-182-C]

Jacks Branch Coal Company, P.O. Box 567, Madison, West Virginia

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

75.333(d)(1) (ventilation controls) to its Mine No. 1 (I.D. No. 46-

07273) located in Boone County, West Virginia. The petitioner proposes

to use electronically operated Roll-Down Doors constructed of rubber

material similar to those used in conveyor belts to control ventilation

within the air course in the main entries instead of using heavy Metal

Doors. The petitioner asserts that the proposed alternative method

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

mandatory standard.

15. Mountain Coal Company

[Docket No. M-95-183-C]

Mountain Coal Company, P.O. Box 591, Somerset, Colorado 81434 has

filed a petition to modify the application of 30 CFR 75.1002-1(a)

(location of other electric equipment; requirements for permissibility)

to its West Elk Mine (I.D. No. 05-03672) located in Gunnison County,

Colorado. The petitioner proposes to use non-permissible electronic

testing or diagnostic equipment within 150 feet of pillar workings. The

petitioner proposes to use low-voltage or battery operated non-

permissible equipment such as, but not limited to, laptop computers,

oscilloscopes, vibration analysis machines, and cable fault detectors.

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.

16. Mountain Coal Company

[Docket No. M-95-184-C]

Mountain Coal Company, P.O. Box 591, Somerset, Colorado 81434 has

filed a petition to modify the application of 30 CFR 75.500(d)

(permissible electric equipment) to its West Elk Mine (I.D. No. 05-

03672) located in Gunnison County, Colorado. The petitioner proposes to

use non-permissible electronic testing or diagnostic equipment in or

inby the last open crosscut. The petitioner proposes to use low-voltage

or battery operated non-permissible equipment such as, but not limited

to, laptop computers, oscilloscopes, vibration analysis machines, and

cable fault detectors. 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.

17. Rock of Ages Quarries, Inc.

[Docket No. M-95-12-M]

Rock of Ages Quarries, Inc., P.O. Box 482, Barre, Vermont 05641-

0482 has filed a petition to modify the application of 30 CFR 56.19003

(driving mechanism connections) to its Rock of Ages Light Side (I.D.

No. 43-00024), U-13 American Hoist, Serial Number H-4121, Model 380/2

located in Washington County, Vermont. The petitioner requests relief

from the mandatory standard as it applies to chain drives between the

driving mechanism and the gear train of the hoists, allowing the use of

chain drives for such application. The petitioner asserts that the

proposed alternative method would provide at least the same measure of

protection as would the mandatory standard.

18. Rock of Ages Quarries, Inc.

[Docket No. M-95-13-M]

Rock of Ages Quarries, Inc., P.O. Box 482, Barre, Vermont 05641-

0482 has filed a petition to modify the application of 30 CFR 56.19003

(driving mechanism connections) to its Rock of Ages Light Side (I.D.

No. 43-00024), U-11 American Hoist, Serial Number H-3783, Model 250/4

located in Washington County, Vermont. The petitioner requests relief

from the mandatory standard as it applies to chain drives between the

driving mechanism and the gear train of the hoists, allowing the use of

chain drives for such application. The petitioner asserts that the

proposed alternative method would provide at least the same measure of

protection as would the mandatory standard.

19. Rock of Ages Quarries, Inc.

[Docket No. M-95-14-M]

Rock of Ages Quarries, Inc., P.O. Box 482, Barre, Vermont 05641-

0482 has filed a petition to modify the application of 30 CFR 56.19003

(driving mechanism connections) to its Rock of Ages Light Side (I.D.

No. 43-00024), W-2 American Hoist, Serial Number 21878, Model 180/3

located in Washington County, Vermont. The petitioner requests relief

from the mandatory standard as it applies to chain drives between the

driving mechanism and the gear train of the hoists, allowing the use of

chain drives for such application. The petitioner asserts that the

proposed alternative method would provide at least the same measure of

protection as would the mandatory standard.

20. Rock of Ages Quarries, Inc.

[Docket No. M-95-15-M]

Rock of Ages Quarries, Inc., P.O. Box 482, Barre, Vermont 05641-

0482 has filed a petition to modify the application of 30 CFR 56.19003

(driving mechanism connections) to its Rock of Ages Light Side (I.D.

No. 43-00024), U-1 American Hoist, Serial Number 22440, Model 180/3

located in Washington County, Vermont. The petitioner requests relief

from the mandatory standard as it applies to chain drives between the

driving mechanism and the gear train of the hoists, allowing the use of

chain drives for such application. The petitioner asserts that the

proposed alternative method would provide at least the same measure of

protection as would the mandatory standard.

[[Page 8307]]

21. Rock of Ages Quarries, Inc.

[Docket No. M-95-16-M]

Rock of Ages Quarries, Inc., P.O. Box 482, Barre, Vermont 05641-

0482 has filed a petition to modify the application of 30 CFR 56.19003

(driving mechanism connections) to its Rock of Ages Light Side (I.D.

No. 43-00024), Clyde JJ/Hoist, Serial Number 11430 located in

Washington County, Vermont. The petitioner requests relief from the

mandatory standard as it applies to chain drives between the driving

mechanism and the gear train of the hoists, allowing the use of chain

drives for such application. The petitioner asserts that the proposed

alternative method would provide at least the same measure of

protection as would the mandatory standard.

22. Swenson Granite Company, Inc.

[Docket No. M-95-17-M]

Swenson Granite Company, Inc., 369 North State Street, Concord, New

Hampshire 03301 has filed a petition to modify the application of 30

CFR 56.19003 (driving mechanism connections) to its Gray Quarry (I.D.

No. 27-00083), Hilltop Derrick, Timberland Hoist, Serial Number 65-

10943, Model 480-2-IR-100E located in Merrimack County, New Hampshire.

The petitioner requests relief from the mandatory standard as it

applies to chain drives between the driving mechanism and the gear

train of the hoists, allowing the use of chain drives for such

application. The petitioner asserts that the proposed alternative

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

the mandatory standard.

23. Swenson Granite Company, Inc.

[Docket No. M-95-18-M]

Swenson Granite Company, Inc., 369 North State Street, Concord, New

Hampshire 03301 has filed a petition to modify the application of 30

CFR 56.19003 (driving mechanism connections) to its Gray Quarry (I.D.

No. 27-00083), Lower Quarry, Clyde Hoist, Serial Number 21850, Frame 6/

2 Drum located in Merrimack County, New Hampshire. The petitioner

requests relief from the mandatory standard as it applies to chain

drives between the driving mechanism and the gear train of the hoists,

allowing the use of chain drives for such application. The petitioner

asserts that the proposed alternative method would provide at least the

same measure of protection as would the mandatory standard.

24. Rock of Ages Quarries, Inc.

[Docket No. M-94-37-M]

This notice amends this petition document published in the Federal

Register on August 25, 1994 (59 FR 43869), to modify the application of

30 CFR 56.19003. This document is only for the Rock of Ages Light Side

(I.D. No. 43-00024), for U-2 American Hoist, Serial Number 5645, Model

180/3 located in Washington County, Vermont. The petitioner requests

relief from the mandatory standard as it applies to chain drives

between the driving mechanism and the gear train of the hoists,

allowing the use of chain drives for such application. 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 April 3, 1996.

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

Date: February 23, 1996.

Patricia W. Silvey,

Director, Office of Standards, Regulations and Variances.

[FR Doc. 96-4866 Filed 3-1-96; 8:45 am]

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