[Federal Register Volume 61, Number 43 (Monday, March 4, 1996)]
[Notices]
[Pages 8304-8307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4866]



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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. 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]
BILLING CODE 4510-43-P