[Federal Register Volume 69, Number 33 (Thursday, February 19, 2004)]
[Notices]
[Pages 7796-7797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3572]


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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. CONSOL of Kentucky, Inc.

[Docket No. M-2004-002-C]

    CONSOL of Kentucky, Inc., 1800 Washington Road, Pittsburgh, 
Pennsylvania 15241 has filed a petition to modify the application of 30 
CFR 75.1101-8 (Water sprinkler systems; arrangement of sprinklers) to 
its Jones Fork E-3 Mine (MSHA I.D. No. 15-18589) located in Knott 
County, Kentucky. The petitioner requests a modification of the 
existing standard to permit the use of a single line of automatic 
sprinklers for its fire protection system on main and secondary belt 
conveyors in the Jones Fork E-3 Mine. The petitioner proposes to: (i) 
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 non-fire resistant belt, with actuation 
temperatures between 200 and 230 degrees Fahrenheit and the water 
pressure equal to or greater than 10 psi; (ii) locate automatic 
sprinklers not more than 10 feet apart so that the discharge of water 
will extend over the belt drive, belt take-up, electrical control, and 
gear reducing unit; (iii) conduct a test during installation of each 
new system and during any subsequent repair or replacement of any 
critical part thereof; (iv) conduct a functional test to insure proper 
operation during subsequent repair or replacement of any critical part 
thereof; and (v) conduct an annual functional test of each sprinkler 
system. The petitioner asserts that the proposed alternative method 
would provide at least the same measure of protection as the existing 
standard.

2. Paramont Coal Company, LLC

[Docket No. M-2004-003-C]

    Paramont Coal Company, LLC, 514 Front Street W., P.O. Drawer 1997, 
Coeburn, Virginia 24230-1997 has filed a petition to modify the 
application of 30 CFR 77.214(a) (Refuse piles; general) to its 
VICC8 Mine (MSHA I.D. No. 44-06906) located in Wise County, 
Virginia. The petitioner requests a modification of the existing 
standard to allow placement of scalp rock in an area containing 
abandoned mine openings. The petitioner asserts that the proposed 
alternative method would provide at least the same measure of 
protection as the existing standard.

3. Consolidation Coal Company

[Docket No. M-2004-004-C]

    Consolidation Coal Company, 1800 Washington Road, Pittsburgh, 
Pennsylvania 15341 has filed a petition to modify the application of 30 
CFR 75.1101-8 (Water sprinkler systems; arrangement of sprinklers) to 
its (MSHA I.D. No. 44-03932) located in Tazewell County, Virginia. The 
petitioner requests a modification of the existing 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, located to cover 50 
feet of fire-resistant belt or 150 feet of non-fire resistant belt, 
with actuation temperatures between 200 degrees Fahrenheit, and with 
water pressure equal to or greater than 10 psi. The petitioner also 
proposes to have automatic sprinklers located not more than 10 feet 
apart so that the discharge of water will extend over the belt drive, 
belt take-up, electrical control, and gear reducing unit; conduct a 
test to insure proper operation during the installation of each new 
system and during any subsequent repair or replacement of any critical 
part of the sprinkler system; conduct a functional test to insure 
proper operation during subsequent repair or replacement of any 
critical part of the sprinklers system; and conduct functional test on 
an annual basis. The petitioner asserts that the proposed alternative 
method would provide at least the same measure of protection as the 
existing standard.

4. RAG Emerald Resources, L.P.

[Docket No. M-2004-005-C]

    RAG Emerald Resources, L.P., One Oxford Centre, 301 Grant Street, 
20th Floor, Pittsburgh, Pennsylvania 15219-1410 has filed a petition to 
modify the application of 30 CFR 75.312 (Main mine fan examinations and 
records) to its Emerald Mine (MSHA I.D. No. 36-05018) located in Greene 
County, Pennsylvania. The petitioner proposes to test its fans without 
removing the miners from the mine. The petitioner has listed specific 
procedures in this petition that would be followed when fans are being 
tested. The petitioner states that if an unplanned fan stoppage occurs, 
personnel will be withdrawn from the mine only if the fan is not 
restored within 15 minutes. The petitioner asserts that the proposed 
alternative method would provide at least the same measure of 
protection as the existing standard.

5. Consol Pennsylvania Coal Company

[Docket No. M-2004-006-C]

    Abate Irwin, Inc., 62 Eighty Four Drive, Eighty Four, Pennsylvania 
15330 has filed a petition to modify the application of 30 CFR 
77.1710(g) (Protective clothing; requirements) at the Consol 
Pennsylvania Coal Company's Bailey Mine Preparation Plant (MSHA I.D. 
No. 36-07230) located in Greene County, Pennsylvania. The petitioner 
requests a modification of the existing standard to allow an 
alternative method to erect structural steel. The petitioner has been 
awarded a contract to erect the structural steel for the Bailey Mine 
Preparation Plant addition, which includes the erection of a tower 
crane, MCC Building, and the Preparation Plant addition, slated to 
begin in February 2004 and last through August 2004. Manpower will 
consist of approximately 16 Ironworkers from Local 549 in Wheeling, 
West Virginia. The petitioner requests that erection of the structural 
steel be approved under the Occupational Safety and Health 
Administration (OSHA) standard set forth in 29 CFR 1926.750. The 
petitioner asserts that the safety of the employees will not be 
compromised in any way and that safety will be increased by using the 
OSHA steel erection standard.

6. Cotter Corporation

[Docket No. M-2004-001-M]

    Cotter Corporation, 7800 E. Dorado Place, Suite 210, Englewood, 
Colorado 80111 has filed a petition to modify the application of 30 CFR 
57.14130(a)(4) (Roll-over protective structures (ROPS) and seat belts 
for surface equipment) to its C-JD-9 Mine (MSHA I.D. No. 05-03066) 
located in Montrose County, Colorado. The petitioner requests a 
modification of the existing standard to permit the use of underground 
haulage trucks without roll-over protection and seat belts on the 
surface of the C-JD-9

[[Page 7797]]

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 2350, Arlington, Virginia 22209. All comments must be 
postmarked or received in that office on or before March 22, 2004. 
Copies of these petitions are available for inspection at that address.

    Dated in Arlington, Virginia this 12th day of February, 2004.
Marvin W. Nichols, Jr.,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 04-3572 Filed 2-18-04; 8:45 am]
BILLING CODE 4510-43-P