[Federal Register Volume 69, Number 56 (Tuesday, March 23, 2004)]
[Notices]
[Pages 13593-13594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6400]


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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. The Coteau Properties Company

[Docket No. M-2004-009-C]

    The Coteau Properties Company, 204 County Road 15, Beulah, North 
Dakota 58523-9475 has filed a petition to modify the application of 30 
CFR 77.803 (Fail safe ground check circuits on high-voltage resistance 
grounded systems) to its Freedom Mine (MSHA I.D. No. 32-00595) located 
in Mercer County, North Dakota. The petitioner requests a modification 
of the existing standard to allow an alternative method of compliance 
when the boom/mast is raised or lowered during construction/
maintenance, most likely only during disassembly or major maintenance. 
The petitioner proposes to use this procedure only to raise or lower 
the boom/mast on draglines using the on-board motor generator sets. The 
petitioner states that during this period of construction/maintenance, 
the machine will not move under its own power and will not perform 
mining operations. The procedure would most likely be used only in 
instances of disassembly or major maintenance, which require the boom 
to be raised or lowered, and a written procedure would be developed and 
implemented by the mine operator or contractor and the affected persons 
will be trained on the requirements of the procedure. The petitioner 
further states that this procedure does not replace other mechanical 
precautions or the requirements of 30 CFR 77.405(b) that are necessary 
to safely secure booms/masts during construction or maintenance 
procedures. The petitioner asserts that its proposed alternative method 
would not result in a diminution of safety to the miners.

2. TXU-Mining Company LP

[Docket No. M-2004-010-C]

    TXU-Mining Company LP, 1601 Bryan Street, Dallas, Texas 75201-3411 
has filed a petition to modify the application of 30 CFR 77.803 (Fail 
safe ground check circuits on high-voltage resistance grounded systems) 
to its Big Brown Strip Mine (MSHA I.D. No.41-01192) located in 
Freestone County, Texas; Winfield North Strip Mine (MSHA I.D. No. 41-
01900) and Winfield South Strip Mine (MSHA I.D. No. 41-03658) located 
in Titus County, Texas; Beckville Strip Mine (MSHA I.D. No. 41-02632) 
and Tatum Strip Mine (MSHA I.D. No. 41-03659) located in Panola County, 
Texas; and Oak Hill Strip Mine (MSHA I.D. No. 41-03660) located in Rusk 
County, Texas. The petitioner requests a modification of the existing 
standard to allow an alternative method of compliance when the boom/
mast is raised or lowered during necessary repairs. The petitioner 
states that during the procedure for raising and lowering the boom for 
construction/maintenance, the machine will not be performing mining 
operations. The procedure would also be applicable in instances of 
disassembly or major maintenance which require the boom to be raised or 
lowered. The petitioner further states that the procedures of raising 
and lowering the boom/mast during disassembly or major maintenance 
would be performed on an as needed basis; and training and review of 
the procedures would be conducted prior to each time it is needed since 
raising and lowering the boom is done infrequently with long intervals 
of time between each occurrence, and all persons involved in the 
process will be trained or retrained at that time. The petitioner has 
listed specific guidelines in this petition that would be followed to 
minimize the potential for electrical power loss during this critical 
boom procedure. The petitioner asserts that this procedure does not 
replace other mechanical precautions or the requirements 30 CFR 
77.405(b) that are necessary to safely secure boom/masts during 
construction or maintenance procedures and that its proposed 
alternative method would not result in a diminution of safety to the 
miners.

3. Speed Mining, Inc.

[Docket No. M-2004-011-C]

    Speed Mining, Inc., 1001 Pennsylvania Avenue, NW., Washington, DC 
20004-2595 has filed a petition to modify the application of 30 CFR 
75.1700 (Oil and gas wells) to its American Eagle Mine (MSHA I.D. No. 
46-05437) located in Kanawha County, West Virginia. The petitioner 
requests that its previously granted petition for modification, docket 
number M-2002-082-C, be amended to permit the mining through of certain 
wells located within the projected workings of the Speed Mining, Inc., 
American Eagle Mine. The petitioner requests an amendment to the 
petition, but requests that no portion of the existing modification be 
revoked. The petitioner is requesting the petition to be amended 
because the existing modification does not address certain kinds of 
wells and plugging conditions that it expects to encounter imminently 
at the American Eagle Mine. The petitioner asserts that the granting of 
this petition to amend would at all times guarantee no less than the 
same measure of protection as the existing standard or the alternative 
requirements in Paragraph 1 of the existing modification and will 
prevent a diminution of safety to the miners.

Request for Comments

    Persons interested in these petitions are encouraged to submit 
comments via

[[Page 13594]]

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 April 22, 2004. 
Copies of these petitions are available for inspection at that address.

    Dated at Arlington, Virginia this 17th day of March, 2004.
Marvin W. Nichols, Jr.,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 04-6400 Filed 3-22-04; 8:45 am]
BILLING CODE 4510-43-P