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Volume 61, Number 43, Page 8304-8307

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.

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]
BILLING CODE 4510-43-P