[Federal Register Volume 69, Number 69 (Friday, April 9, 2004)]
[Notices]
[Pages 18986-18987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8034]


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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 Sabine Mining Company

[Docket No. M-2004-012-C]

    The Sabine Mining Company, 6501 Farm Road 968 West, Hallsville, 
Texas 75650-7413 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 South Hallsville No. 1 Mine (MSHA I.D. No. 41-
03101) located in Harrison 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

[[Page 18987]]

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 of 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.

2. CONSOL of Kentucky, Inc.

[Docket No. M-2004-013-C]

    CONSOL of Kentucky, Inc., 1800 Washington Road, Pittsburgh, 
Pennsylvania 15241-1421 has filed a petition to modify the application 
of 30 CFR 75.1101-8 (Water sprinkler systems; arrangement of 
sprinklers) to its Raccoon E-1 Mine (MSHA I.D. No. 15-18709) located in 
Floyd 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 Raccoon E-1 Mine. 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 and 230 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 ensure 
proper operation during subsequent repair or replacement of any 
critical part of the sprinkler system; and conduct a 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.

3. Acme Brick Company

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

    Acme Brick Company, 2825 Crockett, Fort Worth, Texas 76107 has 
filed a petition to modify the application of 30 CFR 56.9300 (Berms and 
guardrails) to its Perla Pit & Plant (MSHA I.D. No. 03-00132) located 
in Hot Springs County, Arkansas; Bennett Plant (MSHA I.D. No. 41-00243) 
located in Parker County, Texas; Bridgeport Plant (MSHA I.D. No. 41-
00244) located in Wise County, Texas; Standard Pit (MSHA I.D. No. 41-
00264) located in Bastrop County, Texas; Harbert, Hobson, Sewell (MSHA 
I.D. No. 41-00368) located in Denton County, Texas; Chew Mine (MSHA 
I.D. No. 41-03361) located in Austin County, Texas; Edmond Pit & Plant 
(MSHA I.D. No. 34-00110) located in Oklahoma County, Oklahoma; Tulsa 
665 (MSHA I.D. No. 34-00108) located in Tulsa County, 
Oklahoma; McQueeny Pits & Plant (MSHA I.D. No. 41-00241) located in 
Guadalupe County, Texas; AWC, JEN, RSP, FRK, MLC, HLP Pits (MSHA I.D. 
No. 41-00305) located in Henderson County, Texas; Jamestown Pit (MSHA 
I.D. No. 16-00391) located in Bienville County, Louisiana; and Garrison 
Pit & Plant (MSHA I.D. No. 41-00242) located in Nacogdoches County, 
Texas. The petitioner proposes to use an alternative method of 
compliance for stockpiling mined clay in lieu of using berms or 
guardrails. The petitioner is presently using two scrapers to haul 
mined clay up onto the stockpile and a motor grader to level off the 
stockpile as the scrapers dump their belly pans. The petitioner is 
requesting a variance from the existing standard to permit continued 
use of this procedure for stockpiling mined clay.
    The petitioner has listed specific procedures in this petition that 
will be followed when using its proposed alternative method. The 
petitioner asserts that application of the existing standard will 
result in a diminution of safety to the miners and that the proposed 
alternative will provide the same or greater degree of safety than the 
existing standard.

5. Acme Brick Company

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

    Acme Brick Company, 2825 Crockett, Fort Worth, Texas 76107 has 
filed a petition to modify the application of 30 CFR 56.9301 (Dump site 
restraints) to its Perla Pit & Plant (MSHA I.D. No. 03-00132) located 
in Hot Springs County, Arkansas; Bennett Plant (MSHA I.D. No. 41-00243) 
located in Parker County, Texas; Bridgeport Plant (MSHA I.D. No. 41-
00244) located in Wise County, Texas; Standard Pit (MSHA I.D. No. 41-
00264) located in Bastrop County, Texas; Harbert, Hobson, Sewell (MSHA 
I.D. No. 41-00368) located in Denton County, Texas; Chew Mine (MSHA 
I.D. No. 41-03361) located in Austin County, Texas; Edmond Pit & Plant 
(MSHA I.D. No. 34-00110) located in Oklahoma County, Oklahoma; Tulsa 
665 (MSHA I.D. No. 34-00108) located Tulsa County, Oklahoma; 
McQueeny Pits & Plant (MSHA I.D. No. 41-00241) located in Guadalupe 
County, Texas; AWC, JEN, RSP, FRK, MLC, HLP Pits (MSHA I.D. No. 41-
00305) located in Henderson County, Texas; Jamestown Pit (MSHA I.D. No. 
16-00391) located in Bienville County, Louisiana; and Garrison Pit & 
Plant (MSHA I.D. No. 41-00242) located in Nacogdoches County, Texas. 
The petitioner proposes to use an alternative method of compliance for 
stockpiling mined clay in lieu of using berms or guardrails. The 
petitioner is presently using two scrapers to haul mined clay up onto 
the stockpile and a motor grader to level off the stockpile as the 
scrapers dump their belly pans. The petitioner is requesting a variance 
from the existing standard to permit continued use of this procedure 
for stockpiling mined clay. The petitioner has listed specific 
procedures in this petition that will be followed when using its 
proposed alternative method. The petitioner asserts that application of 
the existing standard will result in a diminution of safety to the 
miners and that the proposed alternative will provide the same or 
greater degree of safety than 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 May 10, 2004. Copies 
of these petitions are available for inspection at that address.

    Dated in Arlington, Virginia this 2nd day of April 2004.
Marvin W. Nichols, Jr.,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 04-8034 Filed 4-8-04; 8:45 am]
BILLING CODE 4510-43-P