[Federal Register Volume 68, Number 17 (Monday, January 27, 2003)]
[Notices]
[Pages 3897-3898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1680]


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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. Double M Mining, Inc.

[Docket No. M-2002-123-C]

    Double M Mining, Inc., P.O. Box 14, Rt. 624, Amonate, Virginia 
24610 has filed a petition to modify the application of 30 CFR 
77.214(a) (Refuse piles; general) at its Auger 2 Mine (MSHA 
I.D. No. 46-08915) located in McDowell County, West Virginia. This 
standard requires refuse piles constructed on or after July 1, 1971, to 
be located in areas that are a safe distance from all underground mine 
airshafts, preparation plants, tipples or other surface installations 
and such piles shall not be located over abandoned openings or 
streamlines. The petitioner proposes to cover the coal seam with inert 
material, backfill and eliminate the highwall with refuse on a 2 to 1 
slope and cover with soil in order to reclaim the site. The petitioner 
states that: (i) The face up and the adjacent areas of the mine have 
been augered and the areas now needs to be reclaimed; (ii) that there 
will be no mine drainage from the mine openings in the area because the 
original mine entries were developed down dip and seals have been built 
that isolate the active mining from the area to be reclaimed from the 
active mining of the Vica Coal Company who is mining from a different 
set of portals. The petitioner further states that the Auger 2 
Mine was faced up in the area of an old refuse pile by removing the 
refuse and then taking a small cut to create the highwall. The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as the existing standard.

 2. Freeman United Coal Company

[Docket No. M-2002-124-C]

    Freeman United Coal Company, P.O. Box 4630, Springfield, Illinois 
62708

[[Page 3898]]

has filed a petition to modify the application of 30 CFR 75.1101-8(a) 
(Water sprinkler system; arrangement of sprinklers) at its Crown II 
Mine (MSHA I.D. No. 11-02632) located in Montgomery County, Illinois. 
The petitioner proposes to provide a fireproof electrical enclosure and 
fire detection system in lieu of a sprinkler over the electrical 
control. The petitioner states that the Crown II Mine is a large 
underground mine employing three operating sections to develop entrees 
and rooms with remote control continuous miners and the belt system 
utilizes ten belt drives. The petitioner further states that: (i) The 
belt drives and electrical controls are ventilated with isolated intake 
air; (ii) the electrical control boxes do not contain flammable fluids 
or other flammable products and are fully enclosed with fireproof 
construction and are located at least two-feet from coal or other 
combustible material; and (iii) the electrical cables will conform with 
the requirements of part 18, and a heat sensor or CO monitor will be 
installed near the electrical control box. The petitioner asserts that 
the proposed alternative method would provide at least the same measure 
of protection as the existing standard.

3. Rustler Coal Company

[Docket No. M-2003-001-C]

    Rustler Coal Company, 273 Hill Road, Hegins, Pennsylvania 17938 has 
filed a petition to modify the application of 30 CFR 75.1002-1 
(Location of other electric equipment; requirements for permissibility) 
at its Orchard Slope Mine (MSHA I.D. No. 36-08346) located in 
Schuylkill County, Pennsylvania. The petitioner requests a modification 
of the existing standard to permit the use of non-permissible electric 
equipment within 150 feet of the pillar line. The petitioner states 
that the non-permissible equipment would include drags and battery 
locomotives due in part to the method of mining used in pitching 
anthracite mines and the alternative evaluation of the mine air quality 
for methane on an hourly basis during operation. The petitioner asserts 
that the proposed alternative method would provide at least the same 
measure of protection as the existing standard.

4. KenAmerican Resources, Inc.

[Docket No. M-2003-002-C]

    KenAmerican Resources, Inc., 7590 State Route 181, Central City, 
Kentucky 42330 has filed a petition to modify the application of 30 CFR 
75.1909(b)(6) (Nonpermissible diesel-powered equipment; design and 
performance requirements) at its Paradise 9 Mine (MSHA I.D. 
No. 15-17741) located in Muhlenburg County, Kentucky. The petitioner 
proposes to equip its diesel grader with a device that will limit the 
speed of the grader to 10 miles per hour, and provide training to every 
miner who operates the grader on the proper techniques for lowering the 
blade to restrict the speed and stop the grader. The petitioner asserts 
that application of the standard would result in a diminution of safety 
to the miners and that the proposed alternative method would provide at 
least the same measure of protection as the existing standard.

5. Anita Mining Company

[Docket No. M-2003-003-C]

    Anita Mining Company, One Energy Place, Latrobe, Pennsylvania 15650 
has filed a petition to modify the application of 30 CFR 75.1100-
2(e)(2) (Quantity and location of firefighting equipment) at its Ondo 
Extension Mine (MSHA I.D. No. 36-09005) located in Indiana County, 
Pennsylvania. The petitioner requests a modification of the existing 
standard to permit an alternative method of compliance for fire 
fighting equipment required at temporary electrical installations. The 
petitioner proposes to use two (2) portable fire extinguishers in lieu 
of using 240 pounds of rock dust at all temporary electrical 
installations at the Ondo Extension Mine. The petitioner 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 February 26, 2003. 
Copies of these petitions are available for inspection at that address.

    Dated at Arlington, Virginia, this 17th day of January 2003.
Marvin W. Nichols, Jr.,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 03-1680 Filed 1-24-03; 8:45 am]
BILLING CODE 4510-43-P