[Federal Register Volume 67, Number 248 (Thursday, December 26, 2002)]
[Notices]
[Pages 78821-78823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-32456]


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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 existing safety standards under section 101(c) of the 
Federal Mine Safety and Health Act of 1977.

1. Mallie Coal Company, Inc.

[Docket No. M-2002-102-C]

    Mallie Coal Company, 8442 Hwy. 6, Corbin, Kentucky 40701 has filed 
a petition to modify the application of 30 CFR 75.380(f)(4)(i) 
(Escapeways; bituminous and lignite mines) to its Mine No. 6 (MSHA I.D. 
No. 15-18440) located in Knox County, Kentucky. The petitioner proposes 
to use one ten pound or two five pound portable

[[Page 78822]]

chemical fire extinguishers on each Mescher Jeep used for traveling in 
the primary escapeway at the Mine No. 6. The petitioner states that the 
equipment operator will inspect each fire extinguisher on a daily basis 
prior to entering the primary escapeway, that records of examinations 
will be maintained and defective fire extinguishers will be replaced 
prior to entering the mine. The petitioner asserts that the proposed 
alternative method would provide a greater measure of protection than 
the existing standard.

2. Mallie Coal Company, Inc.

[Docket No. M-2002-103-C]

    Mallie Coal Company, Inc., 8442 Hwy. 6, Corbin, Kentucky 40701 has 
filed a petition to modify the application of 30 CFR 75.342 (Methane 
monitors) to its Mine No. 6 (MSHA I.D. No. 15-18440) located in Knox 
County, Kentucky. The petitioner proposes to use hand-held continuous-
duty methane and oxygen detectors in lieu of machine mounted methane 
monitors on three-wheel tractors with drag bottom buckets. The 
petitioner asserts that the operator will be qualified in the proper 
use of said detector and that application of the existing standard 
would reduce the safety of the miners.

3. Mettiki Coal, LLC

[Docket No. M-2002-104-C]

    Mettiki Coal, LLC, 1001 Pennsylvania Avenue, NW, Washington, DC 
20004-2595 has filed a petition to modify the application of 30 CFR 
77.214(a) (Refuse piles; general) to its Mettiki's General Mine (MSHA 
I.D. No. 18-00671) located in Garrett County, Maryland. The petitioner 
requests a modification of the existing standard to permit the 
extension of its Mettiki General's refuse pile over four sealed 
openings to the abandoned Mettiki Gobbler's Knob Mine. The petitioner 
has listed specific terms and conditions in this petition that would be 
followed to comply with the proposed alternative method. The petitioner 
asserts that the proposed alternative method would provide at least the 
same measure of protection as the existing standard.

4. Mears Enterprises, Inc.

[Docket No. M-2002-105-C]

    Mears Enterprises, Inc., PO Box 157, 410 Franklin Street, Clymer, 
PA 15728 has filed a petition to modify the application of 30 CFR 
75.1100-2(e)(2) (Quantity and location of firefighting equipment) to 
its Dora No. 8 Mine (MSHA I.D. No. 36-08704) located in Jefferson 
County, Pennsylvania. The petitioner requests a modification of the 
existing standard to permit an alternate method of compliance for the 
use of firefighting equipment required at temporary electrical 
installations at the Dora No. 8 Mine. The petitioner proposes to use 
two fire extinguishers at all temporary electrical installations 
instead of using one portable fire extinguisher and 240 pounds of rock 
dust. The petitioner asserts that the proposed alternative method would 
provide at least the same measure of protection as the existing 
standard with no diminution of safety to the miners.

5. Highland Mining Company

[Docket No. M-2002-106-C]

    Highland Mining Company, 1970 Barrett Court, PO Box 1990, 
Henderson, Kentucky 42419 has filed a petition to modify the 
application of 30 CFR 75.1101-1(b) (Deluge-type water spray systems) to 
its Highland 9 Mine (MSHA I.D. No. 15-02709) located in Union County, 
Kentucky. The petitioner proposes to have a trained person conduct a 
weekly examination and functional test of the deluge type fire 
suppression systems installed at conveyor belt drives in lieu of using 
dust covers for nozzles of water deluge fire suppression system. The 
petitioner states that the trained person would conduct a visual 
examination at each water deluge type fire suppression system, and 
conduct a function test of the water deluge type fire suppression 
systems by actuating the system and observing its performance. The 
petitioner further states that the results of the examinations and 
functional tests would be recorded in a book that would be maintained 
on the surface. The book would be made available to the authorized 
representative of the Secretary and retained for one year. The 
petitioner also proposes to correct any malfunction or clogged nozzle 
detected as a result of the weekly examination or functional test 
immediately, and post the procedure used to perform the functional test 
at or near each belt drive which utilizes a water deluge fire 
suppression system. The petitioner asserts that the proposed 
alternative method would provide at least the same measure of 
protection as the existing standard.

6. Highland Mining Company

[Docket No. M-2002-107-C]

    Highland Mining Company, 1970 Barrett Court, PO Box 1990, 
Henderson, Kentucky 42419-1990 has filed a petition to modify the 
application of 30 CFR 75.1101-1(b) (Deluge-type water spray systems) to 
its Highland 11 Mine (MSHA I.D. No. 15-18480) located in Union County, 
Kentucky. The petitioner proposes to have a trained person conduct a 
weekly examination and functional test of the deluge type fire 
suppression systems installed at conveyor belt drives in lieu of using 
dust covers for nozzles of water deluge fire suppression systems. The 
petitioner states the trained person would conduct a visual examination 
at each water deluge type fire suppression system, and conduct a 
function test of the water deluge type fire suppression systems by 
actuating the system and observing its performance. The petitioner 
further states that the results of the examinations and functional 
tests would be recorded in a book that would be maintained on the 
surface. The book would be made available to the authorized 
representative of the Secretary and retained for one year. The 
petitioner also proposes to correct any malfunction or clogged nozzle 
detected as a result of the weekly examination or functional test 
immediately, and post the procedure used to perform the functional test 
at or near each belt drive which utilizes a water deluge fire 
suppression system. The petitioner asserts that the proposed 
alternative method would provide at least the same measure of 
protection as the existing standard.

7. A, B & J Coal Company, Inc.

[Docket No. M-2002-108-C]

    A, B & J Coal Company, Inc., PO Box 35, Vansant, Virginia 24656 has 
filed a petition to modify the application of 30 CFR 75.503 
(Permissible electric face equipment; maintenance) and 30 CFR 18.41(f) 
(Plug and receptacle-type connectors), respectively, to its Mine 
3C (MSHA I.D. No. 15-18313) located in Pike County, Kentucky. 
The petitioner proposes to use a permanently installed spring-loaded 
locking device on battery plug connectors on mobile battery-powered 
equipment. The spring-loaded locking device would prevent unintentional 
loosening of the battery plugs from battery receptacles and eliminate 
the hazards associated with difficult removal of padlocks during 
emergency situations. The petitioner asserts that the proposed 
alternative method would provide at least the same measure of 
protection as the existing standard.

8. Coastal Coal-West Virginia, LLC

[Docket No. M-2002-109-C]

    Coastal Coal-West Virginia, LLC, 61 Missouri Run Road, Cowen, West 
Virginia 26206 has filed a petition to modify the application of 30 CFR

[[Page 78823]]

75.1002 (Installation of electric equipment and conductors; 
permissibility) to its Mine No. 10A (MSHA I.D. No. 46-08852) located in 
Webster County, West Virginia. The petitioner proposes to use 
continuous mining machines with nominal voltage of the power circuits 
not to exceed 2,400 volts at the Mine No. 10A. The petitioner asserts 
that the proposed alternative method would provide at least the same 
measure of protection as the existing standard.

9. Coastal Coal-West Virginia, LLC

[Docket No. M-2002-110-C]

    Coastal Coal-West Virginia, LLC, 61 Missouri Run Road, Cowen, West 
Virginia 26206 has filed a petition to modify the application of 30 CFR 
75.1002 (Installation of electric equipment and conductors; 
permissibility) to its Upper Mercer Mine (MSHA I.D. No. 46-08875) 
located in Webster County, West Virginia. The petitioner proposes to 
use continuous mining machines with nominal voltage of the power 
circuits not to exceed 2,400 volts at the Upper Mercer Mine. The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as the existing standard.

10. Black Energy Coal, Inc.

[Docket No. M-2002-111-C]

    Black Energy Coal, Inc., PO Box 159, Dana, Kentucky 41615 has filed 
a petition to modify the application of 30 CFR 75.503 (Permissible 
electric face equipment; maintenance) and 30 CFR 18.41(f) (Plug and 
receptacle-type connectors) to its Mine 2 (MSHA I.D. No. 15-
18369) located in Pike County, Kentucky. For mobile battery-powered 
machines, the petitioner proposes to use permanently installed spring-
loaded locking devices on the battery plug connectors to prevent 
unintentional loosening of battery plugs from battery receptacles and 
to eliminate the potential hazards associated with difficult removal of 
padlocks during emergency situations. The petitioner asserts that using 
padlocks instead of spring-loaded locking devices would not result in a 
diminution of safety to the miners. The petitioner further asserts that 
the proposed alternative method would provide at least the same measure 
of protection as the existing standard.

11. Black Energy Coal, Inc.

[Docket No. M-2002-112-C]

    Black Energy Coal, Inc., PO Box 159, Dana, Kentucky 41615 has filed 
a petition to modify the application of 30 CFR 75.503 (Permissible 
electric face equipment; maintenance) and 30 CFR 18.41(f) (Plug and 
receptacle-type connectors) to its Mine 3 (MSHA I.D. No. 15-
16856) located in Pike County, Kentucky. For mobile battery-powered 
machines, the petitioner proposes to use permanently installed spring-
loaded locking devices on the battery plug connectors to prevent 
unintentional loosening of battery plugs from battery receptacles and 
to eliminate the potential hazards associated with difficult removal of 
padlocks during emergency situations. The petitioner asserts that using 
padlocks instead of spring-loaded locking devices would not result in a 
diminution of safety to the miners. The petitioner further asserts that 
the proposed alternative method would provide at least the same measure 
of protection as the existing standard.

Request for Comments

    Persons interested in these petitions are encouraged to submit 
comments via e-mail to [email protected], or on a computer disk along 
with an original hard copy to the Office of Standards, Regulations, and 
Variances, Mine Safety and Health Administration, 1100 Wilson 
Boulevard, Room 2352, Arlington, Virginia 22209. All comments must be 
postmarked or received in that office on or before January 27, 2003. 
Copies of these petitions are available for inspection at that address.

    Dated at Arlington, Virginia this 17th day of December 2002.
Marvin W. Nichols, Jr.,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 02-32456 Filed 12-24-02; 8:45 am]
BILLING CODE 4510-43-P