[Federal Register Volume 68, Number 194 (Tuesday, October 7, 2003)]
[Notices]
[Pages 57932-57933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25410]


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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. Tito Coal

[Docket No. M-2003-062-C]

    Tito Coal, 118 Fairview Lane, Williamstown, Pennsylvania 17098 has 
filed a petition to modify the application of 30 CFR 75.1002-1 (now 
75.1002) (Installation of electric equipment and conductors; 
permissibility) to its White Vein Slope (MSHA I.D. No. 36-06815) 
located in Schuylkill County, Pennsylvania. The petitioner requests a 
modification in the application 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.

2. Canyon Fuel Company, LLC

[Docket No. M-2003-063-C]

    Canyon Fuel Company, LLC, P.O. Box 1029, Wellington, Utah 84542 has 
filed a petition to modify the application of 30 CFR 75.350 (Air 
courses and belt haulage entries) to its Dugout Canyon Mine (MSHA I.D. 
No. 42-01890) located in Carbon County, Utah. The petitioner requests 
that its previous petition for modification, docket number M-2000-171-
C, be amended to remove the following language in Paragraph V.(C): 
``must include a means, maintained in operating condition, to maintain 
the surface temperature of the exhaust system of diesel equipment below 
302 degrees Fahrenheit'', and to replace Paragraph V.(C) as follows: 
``In addition to the requirements of V.(B), diesel-powered equipment 
classified as heavy-duty under 30 CFR 75-1908(a), must include a means, 
maintained in operating condition, to prevent the spray from ruptured 
diesel fuel, hydraulic oil, and lubricating oil lines from being 
ignited by contact with engine exhaust system component surfaces such 
as shielding, conduit, non-absorbent insulating materials, or other 
similar means.'' The petitioner asserts that covering the exhaust 
systems would present a diminution of safety to the miners due to the 
possibility that combustible material can accumulate under the 
insulating material often creating a potential fire hazard.

3. Eastern Associated Coal Corp.

[Docket No. M-2003-064-C]

    Eastern Associated Coal Corp., 1970 Barrett Court, P.O. Box 1990, 
Henderson, Kentucky 42419-1990 has filed a petition to modify the 
application of 30 CFR 75.1108(Flame-resistant conveyor belts) to its 
Matewan Tunnel Mine (MSHA I.D. No. 46-08610) located in Boone County, 
West Virginia. The petitioner proposes to use approximately 10,000 feet 
of the total 26,000 feet of belt in a specific location and application 
with safeguards in place that would guarantee and provide no less than 
the same degree of safety as the existing standard, in lieu of using 
underground belting that meets the requirements for flame-resistant 
conveyor belts. The petitioner asserts that the proposed alternative 
method would provide at least the same measure of protection as the 
existing standard.

4. D & D Coal Co.

[Docket No. M-2003-065-C)

    D & D Coal Co., 320 East Main Street, Hegins, Pennsylvania 17938 
has filed a petition to modify the application of 30 CFR 
75.333(e)(1)(ii) (Ventilation controls) to its Primrose Slope Mine 
(MSHA I.D. No. 36-08341) located in Schuylkill County, Pennsylvania. 
The

[[Page 57933]]

petitioner requests a modification of the existing standard to permit 
the use of a 2 x 3 foot diameter fiberglass overcast in the intake 
slope that is 20 feet in length. The petitioner asserts that the 
proposed alternative method would provide at least the same measure of 
protection as the existing standard.

5. Little Eagle Coal Company

[Docket No. M-2003-066-C]

    Little Eagle Coal Company, Route 16 Fola Road, Bickmore, West 
Virginia 25019 has filed a petition to modify the application of 30 CFR 
75.900 (Low- and medium-voltage circuits serving three-phase 
alternating current equipment; circuit breakers) to its Little Eagle 
Mine (MSHA I.D. No. 46-08560) located in Clay County, West Virginia. 
The petitioner proposes to use a vacuum contactor in series with the 
circuit breaker to perform tripping tasks normally associated with the 
circuit breaker. The petitioner has listed in this petition for 
modification specific procedures that would be followed when using 
vacuum contactors. The petitioner asserts that the proposed alternative 
method would provide at least the same measure of protection as the 
existing standard.

6. Canyon Fuel Company, LLC

[Docket No. M-2003-067-C]

    Canyon Fuel Company, LLC, P.O. Box 1029, Wellington, Utah 84542 has 
filed a petition to modify the application of 30 CFR 75.350 (Air 
courses and belt haulage entries) to its Dugout Canyon Mine (MSHA I.D. 
No. 42-01890) located in Carbon County, Utah. The petitioner requests 
that its previous petition for modification, docket number M-2000-171-
C, be amended, as it relates to two-entry longwall retreat mining, to 
add the following paragraph: ``In the event hydrogen sulfide is 
encountered during the development phase of a longwall panel, the 
petitioner shall have the option of utilizing the conveyor belt entry 
as a neutral split of air during retreat mining operations. The belt 
air shall be coursed away from the longwall section, in lieu of `point 
feeding' the intake air at the mouth of the section.'' The petitioner 
asserts that the proposed alternative method would provide at least the 
same measure of protection as the existing standard.

7. Dynatec Mining Corporation

[Docket No. M-2003-004-M]

    Dynatec Mining Corporation, 2200 South 4000 West, Salt Lake City, 
Utah 84120 has filed a petition to modify the application of 30 CFR 
57.22606(a) and (c) (Explosive materials and blasting units (III 
mines)) to its FMC No. 9 Ventilation Shaft Project (MSHA I.D. No 48-
00152) located in Sweetwater County, Wyoming. The petitioner proposes 
to use electric detonators to initiate blasts but requests a 
modification of the existing standard to allow the use of nonel 
detonators to detonate the explosives in the blast holes. 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 2350, Arlington, Virginia 22209. All comments must be 
postmarked or received in that office on or before November 6, 2003. 
Copies of these petitions are available for inspection at that address.

    Dated at Arlington, Virginia, this 29th day of September, 2003.
Marvin W. Nichols, Jr.,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 03-25410 Filed 10-6-03; 8:45 am]
BILLING CODE 4510-43-P