[Federal Register Volume 59, Number 19 (Friday, January 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1912]


[Federal Register: January 28, 1994]


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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. Martinka Coal Company

[Docket No. M-94-01-C]

    Martinka Coal Company, 750 Levels Road, Fairmont, West Virginia 
26554, has filed a petition to modify the application of 30 CFR 
75.364(b)(2) (weekly examination) to its Tygart River Mine (I.D. No. 
46-03805) located in Marion County, West Virginia. Due to hazardous 
roof conditions, certain areas of the mine cannot be traveled safely. 
The petitioner proposes to establish evaluation points to monitor for 
methane and quantity of air in the affected areas. Petitioner asserts 
that the proposed alternate method would provide at least the same 
measure of protection as would the mandatory standard.

2. T & T Energy, Inc.

[Docket No. M-94-02-C]

    T & T Energy, Inc., P.O. Box 206, Bruceton Mills, West Virginia 
26525, has filed a petition to modify the application of 30 CFR 
75.380(d)(3) and (4) (escapeways; bituminous and lignite mines) to its 
Mine No. 1 (I.D. No. 46-01822) located in Preston County, West 
Virginia. The petitioner proposes to leave the affected area 
undisturbed, stating that the area has been used for ten years without 
a problem and that compliance with the standard would result in a 
diminution of safety. Petitioner asserts that the miners are guaranteed 
no less than the same measure of protection as would be provided by the 
mandatory standard.

3. Peabody Coal Company

[Docket No. M-94-03-C]

    Peabody Coal Company, 1951 Barrett Court, P.O. Box 1990, Henderson, 
Kentucky 42420-1990, has filed a petition to modify the application of 
30 CFR 75.364(b)(4) (weekly examination) to its Camp No. 1 Mine (I.D. 
No. 15-02709) located in Union County, Kentucky. Due to hazardous roof 
conditions, certain areas of the mine cannot be traveled safely. The 
petitioner proposes to monitor for methane and quantity of air in the 
affected areas and asserts that this proposed alternative would provide 
at least the same measure of protection as would the mandatory 
standard.

4. Consolidation Coal Company

[Docket No. M-94-04-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(c)(2) (weekly examination) to its Osage 
No. 3 Mine (I.D. No. 46-01455) located in Monogalia County, West 
Virginia. Due to deteriorated conditions, certain areas of the mine 
cannot be traveled safely. The petitioner proposes to establish 
evaluation points to monitor for methane and quantity of air in the 
affected areas. The petitioner asserts that the proposed alternate 
method would provide at least the same measure of protection as would 
the mandatory standard.

5. Trent Coal, Inc.

[Docket No. M-94-05-C)

    Trent Coal, Inc., 600 Grant Street, Pittsburgh, Pennsylvania 15219, 
has filed a petition to modify the application of 30 CFR 75.380(f) 
(escapeways; bituminous and lignite mines) to its Rice No. 2 Mine (I.D. 
No. 36-03636) located in Cambria County, Pennsylvania. Due to the size 
of the electric golf carts used in the primary escapeway and the 
relative size of fire suppression systems, these golf carts would not 
be able to operate satisfactorily with such a system. The petitioner 
proposes to construct the golf carts of fire-resistant material, 
protect the battery/motor circuit by a fuse, perform all battery 
charging on the surface, and provide all golf carts with a multipurpose 
dry chemical fire extinguisher. Petitioner asserts that the proposed 
alternate method would provide at least the same measure of protection 
as would the mandatory standard.

6. Eldorado Chemical Co.

[Docket No. M-94-01-M]

    Eldorado Chemical Company, P.O. Box 419082, St. Louis, Missouri 
63141-1782, has filed a petition to modify the application of 30 CFR 
56.6309 (fuel oil requirements for ANFO) to its Martiki Mine (I.D. No. 
15-07295) located in Marion County, Kentucky. The petitioner proposes 
to implement a ``recycled used oil/ANFO mixture operation'' at the mine 
site and states that the product would parallel that of a conventional 
Ammonium Nitrate/No. 2 diesel fuel conventional ANFO blasting agent 
product.

7. San Juan Asphalt

[Docket No. M-94-02-M]

    San Juan Asphalt, P.O. Box 490, Goshen, California 93227, has filed 
a petition to modify the application of 30 CFR 56.14107(a) (moving 
machine parts) to its Asphalt Mine (I.D. No. 04-04896) located in San 
Benito County, California. The petitioner states that it is impossible 
to provide the guard required by the standard due to pinch points and a 
heavily congested area in a confined space. Petitioner proposes to 
prohibit entry of miners while plant is energized by installing a heavy 
door with a lock.

8. Moline Consumers Company

[Docket No. M-94-03-M]

    Moline Consumers Company, 1701 Fifth Avenue, Moline, Illinois 61265 
has filed a petition to modify the application of 30 CFR 56.14107 
(moving machine parts) to its Midway Stone No. 45 mine (I.D. No. 11-
00134) located in Rock Island County, Illinois. The petitioner proposes 
to prohibit entry of employees while equipment is operating by 
enclosing equipment within a 6-foot fence with a padlocked gate, the 
gate to be equipped with an electrical interlock wired directly to the 
motor control circuit which de-energizes the motor if the gate is 
opened. Petitioner states that this method of guarding will afford the 
miners at least the same level of safety as would the guarding required 
by the standard.

9. Magma Copper Company

[Docket No. M-94-04-M]

    Magma Copper Company, 7400 North Oracle Road, Suite 200, Tucson, 
Arizona 85704, has filed a petition to modify the application of 30 CFR 
57.9360(a) (shelter holes) to its San Manuel Mine (I.D. No. 02-00151) 
located in Pinal County, Arizona. The petitioner proposes two 
alternative sets of stipulations. The first set of stipulations would 
use pony set shelter holes located 10 feet above the panel floor as 
designated ``shelter holes'' in all haulage panels at intervals of 
approximately 35 feet regardless of clearance; to provide training to 
all crews working on haulage on the use of the pony sets when trains 
are in the panel; to include new procedures and policies for haulage 
levels in its new policy manual; to post signs throughout the haulage 
panels directing crews to use the pony sets as shelter holes when 
trains are moving in the panel; and to keep train speeds in the 
haulageways at less than 5 mph to allow ample time to access the pony 
set shelter holes. Also, petitioner proposes a second alternative set 
of stipulations to use certain existing manway shelter holes as 
designated shelter holes in all haulage panels; to train all crews 
working on haulage; and to include new procedures and policies in its 
policy manual. The petitioner states that application of the mandatory 
standard would result in a diminution of safety to the miners. In 
addition, the petitioner asserts that either of the proposed 
alternative methods 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 February 28, 1994. 
Copies of these petitions are available for inspection at that address.

    Dated: January 21, 1994.
Patricia W. Silvey,
Director, Office of Standards, Regulations and Variances.
[FR Doc. 94-1912 Filed 1-27-94; 8:45 am]
BILLING CODE 4510-43-P