[Federal Register Volume 68, Number 185 (Wednesday, September 24, 2003)]
[Notices]
[Pages 55292-55293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24165]


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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. Foggy Mountain Coal Company, Inc.

[Docket No. M-2003-056-C]

    Foggy Mountain Coal Company, Inc., 13903 Elkhorn Creek Road, Shelby 
Gap, Kentucky 41653 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 No. 1 Mine 
(MSHA I.D. No. 15-17813) located in Pike County, Kentucky. The 
petitioner proposes to use a permanently installed, spring-loaded 
device on mobile battery-powered machine plug connectors in lieu of a 
padlock to prevent unintentional loosening of battery plugs from 
battery receptacles to eliminate the hazards associated with difficult 
removal of padlocks during emergency situations. The petitioner asserts 
that application of the existing 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.

2. MRI Mining, Inc.

[Docket No. M-2003-057-C]

    MRI Mining, Inc., P.O. Box 308, Hi Hat, Kentucky 41636 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 No. 1 Mine (MSHA I.D. No. 15-17228) 
located in Floyd County, Kentucky. The petitioner proposes to use a 
permanently installed, spring-loaded device on mobile battery-powered 
machine plug connectors in lieu of a padlock to prevent unintentional 
loosening of battery plugs from battery receptacles to eliminate the 
hazards associated with difficult removal of padlocks during emergency 
situations. The petitioner asserts that application of the existing 
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.

3. MRI Mining, Inc.

[Docket No. M-2003-058-C]

    MRI Mining, Inc., P.O. Box 308, Hi Hat, Kentucky 41636 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 No. 2 Mine (MSHA I.D. No. 15-17583) 
located in Floyd County, Kentucky. The petitioner proposes to use a 
permanently installed, spring-loaded device on mobile battery-powered 
machine plug connectors in lieu of a padlock to prevent unintentional 
loosening of battery plugs from battery receptacles to eliminate the 
hazards associated with difficult removal of padlocks during emergency 
situations. The petitioner asserts that application of the existing 
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.

4. RAMA Development Company, Inc.

[Docket No. M-2003-059-C]

    RAMA Development Company, Inc., Route 3, Box 706, Delbarton, West 
Virginia 25670 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 No. 2 Mine (MSHA 
I.D. No. 15-18560) located in Floyd County, Kentucky. The petitioner 
proposes to use a permanently installed, spring-loaded device on mobile 
battery-powered

[[Page 55293]]

machine plug connectors in lieu of a padlock to prevent unintentional 
loosening of battery plugs from battery receptacles to eliminate the 
hazards associated with difficult removal of padlocks during emergency 
situations. The petitioner asserts that application of the existing 
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. Star Coal Trucking, Inc.

[Docket No. M-2003-060-C]

    Star Coal Trucking, Inc., P.O. Box 3881, Pikeville, Kentucky 41502 
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 No. 2 Mine (MSHA I.D. No. 
15-02240) located in Floyd County, Kentucky. The petitioner proposes to 
use a permanently installed, spring-loaded device on mobile battery-
powered machine plug connectors in lieu of a padlock to prevent 
unintentional loosening of battery plugs from battery receptacles to 
eliminate the hazards associated with difficult removal of padlocks 
during emergency situations. The petitioner asserts that application of 
the existing 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.

6. Coal Services, LLC

[Docket No. M-2003-061-C]

    Coal Services, LLC, P.O. Box 295, Inez, Kentucky 41224 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 No. 1 Mine (MSHA I.D. No. 15-16643) 
located in Pike County, Kentucky. The petitioner proposes to use a 
permanently installed, spring-loaded device on mobile battery-powered 
machine plug connectors in lieu of a padlock to prevent unintentional 
loosening of battery plugs from battery receptacles to eliminate the 
hazards associated with difficult removal of padlocks during emergency 
situations. The petitioner asserts that application of the existing 
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.

7. Phelps Dodge Morenci Incorporated

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

    Phelps Dodge Morenci Incorporated, 4521 N. US Hwy 191, Morenci, 
Arizona 85540 has filed a petition to modify the application of 30 CFR 
56.6309 (Fuel oil requirements for ANFO) to its Morenci Mine (MSHA I.D. 
No. 02-00024) located in Greenlee County, Arizona. The petitioner 
proposes to use recycled waste oil to prepare ammonium nitrate-fuel oil 
at the Morenci Mine. The petitioner has included specific procedures in 
this petition that would be used for recycling waste oil. The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as the existing standard.

8. Cargill Deicing Technology

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

    Cargill Deicing Technology, P.O. Box 106, Avery Island, Louisiana 
70513 has filed a petition to modify the application of 30 CFR 
57.14100(b) (Safety defects; examination, correction and records) to 
its Avery Island Mine (MSHA I.D. No. 16-00509) located in Iberia 
County, Louisiana. The petitioner requests a modification of the 
existing standard to allow Operator Presence switches to be removed 
from its John Deere 970 and 1070 tractors used to transport men, tools, 
and equipment to and from job sites. The petitioner states that the 
switches are designed to automatically kill the engine when pressure is 
released from the seat, but using these switches will present a hazard 
to the equipment operator.

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 October 24, 2003. 
Copies of these petitions are available for inspection at that address.

    Dated at Arlington, Virginia, this 11th day of September, 2003.
Marvin W. Nichols, Jr.,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 03-24165 Filed 9-23-03; 8:45 am]
BILLING CODE 4510-43-P