[Federal Register Volume 61, Number 124 (Wednesday, June 26, 1996)]
[Notices]
[Pages 33140-33141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16260]



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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. 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)

[[Page 33141]]

(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