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. Pace Mining & Processing, Inc.

[Docket No. M-96-13-C]

Pace Mining & Processing, Inc., 10448 Robinson Creek Road, Virgie,

Kentucky 41572 has filed a petition to modify the application of 30 CFR

75.342 (methane monitors) to its Patrick No. 2 Mine (I.D. No. 15-13308)

located in Knott County, Kentucky. The petitioner proposes to use hand-

held continuous-duty methane detectors instead of machine-mounted

methane monitors on S & S Model 482 scoops (permissible DC-powered

machines) used to haul coal from the working face to the section

tailpiece. The petitioner states that each scoop operator would be

certified in the proper use of the detector; and that this petition for

modification is submitted based on an economic and safety point of

view.

[[Page 17733]]

2. Tennessee Energy Corp.

[Docket No. M-96-14-C]

Tennessee Energy Corp., 1000 Pocket Road, Whitwell, Tennessee 37397

has filed a petition to modify the application of 30 CFR 75.1405

(automatic couplers) to its Mine No. 43 (I.D. No. 40-02972) located in

Sequatchie County, Tennessee. The petitioner proposes to use a 9-foot

steel tongue with a hole on each end aligned with existing holes in the

frame of the motor and flatcar and secured with a pin, to couple the

motor to the flatcar instead of using automatic couplers. The

petitioner asserts that the proposed alternative method would not

diminish the safety of the miners.

3. Roberts Brothers Coal Company

[Docket No. M-96-15-C]

Roberts Brothers Coal Company, P.O. Box 397, Mortons Gap, Kentucky

42440 has filed a petition to modify the application of 30 CFR 75.1103-

4 (automatic fire sensor and warning device systems; installation;

minimum requirements) to its Cardinal No. 2 Mine (I.D. No. 15-17216)

located in Hopkins County, Kentucky. The petitioner requests a

modification of the standard to allow two belt flights to be monitored

by one identification line. The petitioner states that the alternative

method of monitoring the conveyor belt would not diminish the safety of

the miners.

4. Pilgrim Mining Company, Inc.

[Docket No. M-96-16-C]

Pilgrim Mining Company, Inc., P.O. Box 2046, Inez, Kentucky 41224

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

(boreholes in advance of mining) to its Voyager Mine Number Two (I.D.

No. 15-17639) located in Martin County, Kentucky. The petitioner

requests relief from drilling boreholes horizontally into the coal seam

when approaching within 200 feet of an adjacent mine. The petitioner

asserts that the proposed alternative method would provide at least the

same measure of protection as would the mandatory standard.

5. Shell Energy Co., Inc.

[Docket No. M-96-17-C]

Shell Energy Co., Inc., P.O. Box 423, Fairmont, West Virginia 26554

has filed a petition to modify the application of 30 CFR 75.380(d)(3)

and (d)(4) (escapeways; bituminous and lignite mines) to its Stacey-

Meranda Mine (I.D. No. 46-08086) located in Harrison County, West

Virginia. The petitioner has installed roof support along the No. 2

belt conveyor between Nos. 4 & 5 blocks for a distance of about 30 feet

and has installed post and cribs for additional roof supports due to a

safeguard notice issued on October 31, 1995. The petitioner proposes to

maintain the affected area by installing belt crossover or crossunder

at each end of the clearance area; to post luminous warning signs that

state ``Danger Close Clearance'' at each end of the affected area; to

install start and stop switches for the belt conveyor on the inby and

outby ends of the affected area; and to deenergize, lockout and tag the

disconnect drives when maintenance or cleaning is done in the affected

area. The petitioner states that modification of the standard would

result in enhanced safety and reduced exposure to hazardous conditions

for mine personnel.

6. Eagle Nest, Inc.

[Docket No. M-96-18-C]

Eagle Nest, Inc., P.O. Box 270, Van, West Virginia 25206 has filed

a petition to modify the application of 30 CFR 75.503 (18.41)

(permissible electric face equipment; maintenance) to its Eagle Nest

Inc. Mine (I.D. No. 46-07711) located in Boone County, West Virginia.

The petitioner proposes to replace a padlock on battery plug connectors

on mobile battery-powered machines used inby the last open crosscut

with a threaded ring and a spring loaded device to prevent the plug

connector from accidently disengaging while under load; to have a tag

that states ``DO NOT DISENGAGE PLUGS UNDER LOAD'' on all battery plug

connectors used on the machines; and to provide instructions in the

safe practices and provisions to all persons who are required to

operate or maintain the machines. 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.

7. Consolidation Coal Company

[Docket No. M-96-19-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)(1) (weekly examination) to its Robinson

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

Virginia. Due to deteriorating roof conditions, traveling the intake

air course from 45 block Main North to 3 block to make weekly

examinations would be unsafe. The petitioner proposes to establish

check points to monitor methane and to ensure passage of air; to

maintain the check points in safe condition at all times; to have a

certified person test for methane and the quantity of air at each check

point on a weekly basis; and to have the certified person making the

examinations and tests place their initials, date, and time 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. Kedco, Inc.

[Docket No. M-96-20-C]

Kedco, Inc., P.O. Box 1358, Gilbert, West Virginia 25621 has filed

a petition to modify the application of 30 CFR 75.350 (air courses and

belt haulage entries) to its Kedco No. 2 Mine (I.D. No. 46-08019)

located in Mingo County, West Virginia. The petitioner proposes to

allow belt air to be blended with the air to the faces from the intake

entries to accommodate the split-tail system for ventilation. The

petitioner proposes to install a low-level carbon monoxide detection

system capable of providing both visual and audible alarm signals 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.

9. Eagle Nest, Inc.

[Docket No. M-96-21-C]

Eagle Nest, Inc., P.O. Box 270, Van, West Virginia 25206 has filed

a petition to modify the application of 30 CFR 75.1403-5(g) (criteria-

belt conveyors) to its Eagle Nest Mine (I.D. No. 46-07711) located in

Boone County, West Virginia. The petitioner proposes to clearly mark

the outby and inby ends of all areas with signs where 24 inches of

unobstructed clearance cannot be provided as a clear travelway on both

sides of all belt conveyors; to provide belt crossings for adequate

clearance adjacent to areas of less than 24 inches of clearance, man

doors to adjacent entries, access through a crosscut to an adjacent

entry, and control switches to shut off the belt; to identify alternate

access routes with appropriate signs; to have the areas clear of

persons working or traveling while the belt is in operation where there

is less than 24 inches of clearance; to have a minimum of 24 inches of

clearance on the tight

[[Page 17734]]

side of the belt conveyors for all future mine development except where

secondary roof or rib support is installed outby the section loading

point; and to submit proposed revisions including initial and refresher

training for the Part 48 Training Plan to the District Manager within

60 days after the proposed decision becomes final. The petitioner

asserts that the proposed alternative method would provide at least the

same measure of protection as would the mandatory standard.

10. KenAmerican Resources, Inc.

[Docket No. M-96-22-C]

KenAmerican Resources, Inc., 7590 State Highway 181, Central City,

Kentucky 42330 has filed a petition to modify the application of 30 CFR

75.380(g) (escapeways; bituminous and lignite mines) to its Paradise

No. 11 Mine (I.D. No. 15-17606) located in Muhlenberg County, Kentucky.

The petitioner proposes to use a two phase initial development stage

outlined in this petition during and until completion of the initial

development stage for its No. 9 Slope. The petitioner states that the

initial development stage is the normal course of mining in the No. 9

seam from the time of commencement of mining until connection to the

airshaft and to be completed when the connection is made to the

airshaft. The petitioner specifically requests modification of the

standard so that the primary escapeway for the No. 9 slope would not be

required to be separated from the belt entries until completion of the

initial development stage. The petitioner is currently operating in the

No. 11 seam with the No. 9 seam approximately 100 feet below and

construction of a slope into the No. 9 seam commenced on the surface.

The petitioner intends to maintain works in the No. 11 seam on an

active status and to shift operations to the No. 9 seam when the (No. 9

slope) is completed. The petitioner asserts that the proposed

alternative method would provide at least the same measure of

protection as would the mandatory standard.

11. BHP Minerals

[Docket No. M-96-23-C]

BHP Minerals, P.O. Box 155, Fruitland, New Mexico 87416 has filed a

petition to modify the application of 30 CFR 77.807-3 (movement of

equipment; minimum distance from high-voltage lines) to its Navajo Mine

(I.D. No. 29-00097) located in San Juan County, New Mexico. The

petitioner proposes to use within three feet of the 25,000-volt railway

trolley system equipment that do not contain a boom or mast or that is

capable of extension into the railway trolley in normal operation. 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 May 22, 1996. Copies

of these petitions are available for inspection at that address.

Dated: April 12, 1996.

Patricia W. Silvey,

Director, Office of Standards, Regulations, and Variances.

[FR Doc. 96-9764 Filed 4-19-96; 8:45 am]

BILLING CODE 4510-43-P