[Federal Register Volume 69, Number 95 (Monday, May 17, 2004)]
[Notices]
[Page 27955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11050]


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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. Dakota Westmoreland Corporation

[Docket No. M-2004-018-C]

    Dakota Westmoreland Corporation, P.O. Box 39, Beulah, North Dakota 
58523-0039 has filed a petition to modify the application of 30 CFR 
77.1607(u) (Loading and haulage equipment; operation) to its Beulah 
Mine (MSHA I.D. No. 32-00043) located in Mercer County, North Dakota. 
The petitioner proposes to use a portable hydraulic unit (power pack) 
to tow large trucks in lieu of using a tow bar and safety chain. The 
petitioner states that qualified operators and mechanics would be task 
trained to perform the installations of the power pack, and if anything 
fails, the haul trucks' brakes would automatically set up and all 
towing procedures would be stopped. The petitioner asserts that the 
proposed alternative method would not result in a diminution of safety 
to the miners.

2. Oak Grove Resources, LLC

[Docket No. M-2004-019-C]

    Oak Grove Resources, LLC, Gateway Center, Suite 1340, 401 Liberty 
Avenue, Pittsburgh, Pennsylvania 1522 has filed a petition to modify 
the application of 30 CFR 75.507 (Power connection points) to its Oak 
Grove Mine (MSHA I.D. No. 01-00851) located in Jefferson County, 
Alabama. The petitioner requests a modification of the existing 
standard to permit the use of high-voltage submersible pumps in 
boreholes into an area of the Oak Grove Mine where water has 
accumulated. The petitioner proposes to equip the pumps with probes to 
determine a high and low water level. The probes will consist of 
redundant electronic pressure transducers that are suitable for 
submersible pump control application. The probe circuits will be 
protected by a MSHA approved intrinsically safe barrier. The pump 
electric control will be designed and installed so that the pump will 
not start manually or automatically if water is below the low water 
probe level, the pump will cease operation when the water level is 
lower than the low water probe, and the pump will start operation when 
the water level reaches the high water probe. The petitioner has listed 
in this petition additional terms and conditions that would be 
implemented when using the proposed alternative method. 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], by fax at (202) 693-9441, or 
by regular mail 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 June 16, 2004. Copies of these 
petitions are available for inspection at that address.

    Dated at Arlington, Virginia this 11th day of May 2004.
Marvin W. Nichols, Jr.,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 04-11050 Filed 5-14-04; 8:45 am]
BILLING CODE 4510-43-P