[Federal Register Volume 60, Number 148 (Wednesday, August 2, 1995)]
[Notices]
[Pages 39428-39430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18947]



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DEPARTMENT OF LABOR
Mine Safety and Health Administration


Petitions for Modification

    This notice amends an affirmative decision issued by the 
Administrator of Metal and Nonmetal Mine Safety and Health on a 
petition for modification of the application of a mandatory safety 
standard to correct the word ``shop'' in a document published in the 
Federal Register on June 20, 1995 (60 FR 32180) to read ``shot''.

Docket No.: M-94-38-M
FR Notice: 59 FR 50008
Petitioner: Independent Aggregates
Reg Affected: 30 CFR 56.6306(b)
Summary of Findings: Petitioner's proposal to continue drilling the 
shot pattern while loading is in progress by completing a drill hole 
and immediately loading the hole while continuing to drill a new hole 
considered acceptable alternative method. Granted with conditions.

    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. 

[[Page 39429]]


1. Consolidation Coal Company

[Docket No. M-95-92-C]

    Consolidation Coal Company, Consol Plaza, 1800 Washington Road, 
Pittsburgh, Pennsylvania 15241-1421 has filed a petition to modify the 
application of 30 CFR 75.1002 to its Loveridge No. 22 Mine (I.D. No. 
46-01433) located in Marion County, West Virginia. The petitioner 
proposes to use high-voltage (4,160 volts) cables inby the last open 
crosscut to supply power to longwall equipment. The petitioner asserts 
that the proposed alternative method would provide at least the same 
measure of protection as would the mandatory standard.

2. Costain Coal, Inc.

[Docket No. M-95-93-C]

    Costain Coal, Inc., P.O. Box 289, Sturgis, Kentucky 42459-0289 has 
filed a petition to modify the application of 30 CFR 75.364(b)(4) to 
its Wheatcroft Mine (I.D. No. 15-13920) located in Webster County, 
Kentucky. Due to deteriorating roof conditions in the Main North and 
1st North Panel and the approaches to the No. 10 seals, traveling the 
area would be unsafe. The petitioner proposes to establish evaluation 
points to determine the direction and quantity of air going into the 
affected area and to examine these points on a weekly basis. The 
petitioner states that application of the standard would result in a 
diminution of safety to the persons making weekly examinations. In 
addition, the petitioner asserts that the proposed alternative method 
would provide at least the same measure of protection as would the 
mandatory standard.

3. Western Mingo Coal Company

[Docket No. M-95-94-C]

    Western Mingo Coal Company, P.O. Box 119, Naugatuck, West Virginia 
25685 has filed a petition to modify the application of 30 CFR 75.350 
to its Northern Mingo No. 2 Mine (I.D. No. 46-08369) located in Mingo 
County, West Virginia. The petitioner proposes to install a low-level 
carbon monoxide detection 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.

4. CONSOL of Kentucky, Inc.

[Docket No. M-95-95-C]

    CONSOL of Kentucky, Inc., Consol Plaza, 1800 Washington Road, 
Pittsburgh, Pennsylvania 15241-1421 has filed a petition to modify the 
application of 30 CFR 75.1101-8 to its 9AB - H4 Mine (I.D. No. 15-
17667) located in Floyd County, Kentucky. The petitioner requests a 
modification of the standard to permit the use of a single line of 
automatic sprinklers for its fire protection system on main and 
secondary belt conveyors. The petitioner proposes to use a single 
overhead pipe system with 1/2-inch orifice automatic sprinklers located 
on 10-foot centers to cover 50 feet of fire-resistant belt or 150 feet 
of nonfire- resistant belt with actuation temperatures between 200 and 
230 degrees fahrenheit and with water pressure equal to or greater than 
10 psi; to have automatic sprinklers located not more than 10 feet 
apart in order for the discharge of water to extend over the belt 
drive, belt take-up, electrical control, and gear reducing unit; and to 
conduct annual functional tests of each water sprinkler system. The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as would the mandatory 
standard.
5. Cyprus Cumberland Resources Corporation

[Docket No. M-95-96-C]

    Cyprus Cumberland Resources Corporation, 9100 East Mineral Circle, 
Englewood, Colorado 80112 has filed a petition to modify the 
application of 30 CFR 75.507 to its Cumberland Mine (I.D. No. 36-05018) 
located in Green County, Pennsylvania. The petitioner proposes to use 
nonpermissible submersible pumps to dewater bleeder sumps or bleeder 
entries in order to provide unrestricted airflow into the return air 
shaft or through the return entries. The petitioner states that these 
pumps are designed to cease operation when the water level is 3 feet 
above the level of the pump motor and would operate on a 480-volt 
three-phase alternating current electrical power circuit with a 
resistor grounded wye transformer protected by a line power ground-
fault, pilot combination unit; that proposed revisions for their 
training plan would be implemented and given to the District Manager 
for the area in which the pump and pump electrical controls are 
located; and that the training plan would specify task training for all 
selected mine electricians who will perform electrical work on the 
pumps. The petitioner asserts that the proposed alternative method 
would provide at least the same measure of protection as would the 
mandatory standard.

6. Cyprus Empire Corporation

[Docket No. M-95-97-C]

    Cyprus Empire Corporation (previously Empire Energy Corporation), 
P.O. Box 68, Craig, Colorado 81626 has filed a petition to modify the 
application of 30 CFR 75.1002 to its Eagle No. 5 Mine (I.D. No. 05-
01370) located in Moffat County, Colorado. The petitioner requests that 
Item 10 of MSHA's Proposed Decision and Order granting petition for 
modification, docket number M-84-263-C be amended. The petitioner 
states that it is imperative that as products meet flame resistance and 
other MSHA specifications, they become available for use instead of 
obsolete products; and that the request to amend the presently approved 
petition addresses this specific issue.

7. Mt. Top Coal Company

[Docket No. M-95-98-C]

    Mt. Top Coal Company, 104 E. Grand Avenue, Tower City, Pennsylvania 
17980 has filed a petition to modify the application of 30 CFR 75.335 
to its Buck Mt. Slope (I.D. No. 36-07359) located in Schuylkill County, 
Pennsylvania. The petitioner requests a modification of the standard to 
permit alternative methods of seal construction using wooden materials 
of moderate size and weight due to difficulty in accessing previously 
driven headings and breasts containing inaccessible abandoned workings; 
to accept a design criterion in the 10 psi range; and to permit the 
water trap to be installed in the gangway seal and sampling tube in the 
monkey seal for seals installed in pairs. The petitioner asserts that 
the proposed alternative method would provide at least the same measure 
of protection as would the mandatory standard.
8. Key West Mining, Inc.

[Docket No. M-95-99-C]

    Key West Mining, Inc., P.O. Box 768, Grundy, Virginia 24614 has 
filed a petition to modify the application of 30 CFR 75.360 to its Mine 
No. 3 (I.D. No. 44-03264) located in Buchanan County, Virginia. The 
petitioner requests relief from the standard requiring preshift 
examinations of underground conveyor belts in its entirety. The 
petitioner states that the area cannot be traveled safely due to 
deteriorating roof conditions in the No. 1 conveyor belt entry starting 
at a location approximately 170 feet from the surface and extending for 
a distance of approximately 90 feet. As an alternative, the petitioner 
proposes to visually examine the 90 feet area affected from both the 
inby and outby ends. The petitioner states that 

[[Page 39430]]
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.

9. Performance Coal Company

[Docket No. M-95-100-C]

    Performance Coal Company, P.O. Box 69, Naoma, West Virginia 25140 
has filed a petition to modify the application of 30 CFR 75.350 to its 
Upper Big Branch South Mine (I.D. No. 46-08436) located in Raleigh 
County, West Virginia. The petitioner proposes to install a low-level 
carbon monoxide detection 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.

10. Performance Coal Company

[Docket No. M-95-101-C]

    Performance Coal Company, P.O. Box 69, Naoma, West Virginia 25140 
has filed a petition to modify the application of 30 CFR 75.1700 to its 
Upper Big Branch South Mine (I.D. No. 46-08436) located in Raleigh 
County, West Virginia. The petitioner proposes to plug and mine through 
oil and gas wells. The petitioner asserts that the proposed alternative 
method would provide at least the same measure of protection as would 
the mandatory standard.

11. C.L.D., Inc.

[Docket No. M-95-10-M]

    C.L.D., Inc., 2765 East 500 South, Vernal, Utah 84078 has filed a 
petition to modify the application of 30 CFR 57.4760(a) to its Cowboy 
No. 1 and 2 Mine (I.D. No. 42-02096) located in Uintah County, Utah. 
The petitioner requests a variance from the mandatory safety standard 
because the mining methods used at its gilsonite mines do not provide a 
physical means to comply with the standard. The petitioner states that 
a gilsonite mine uses an open-trench method of mining and that the 
mines are connected to other mines and are self-ventilating. 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 September 1, 1995. 
Copies of these petitions are available for inspection at that address.


    Dated: July 25, 1995.
Patricia W. Silvey,
Director, Office of Standards, Regulations and Variances.
[FR Doc. 95-18947 Filed 8-1-95; 8:45 am]
BILLING CODE 4510-43-P