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Volume 61, Number 124, Page 33140-33141

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)

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(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