[Federal Register Volume 69, Number 139 (Wednesday, July 21, 2004)]
[Notices]
[Pages 43627-43629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16481]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petitions for Modification

    The following parties have filed petitions to modify the 
application of

[[Page 43628]]

existing safety standards under section 101(c) of the Federal Mine 
Safety and Health Act of 1977.

1. Consolidation Coal Company

[Docket No. M-2004-025-C]

    Consolidation Coal Company, 1800 Washington Road, Pittsburgh, 
Pennsylvania 15241 has filed a petition to modify the application of 30 
CFR 75.312(c) and (d) (Main mine fan examinations and records) to its 
Loveridge No. 22 Mine (MSHA I.D. No. 46-01433) located in Marion 
County, West Virginia. The petitioner requests a modification of the 
existing standard to permit testing at least every 31 days of the 
automatic closing door(s) and the automatic fan signal device without 
shutting down the fan and without removing miners from the mine. The 
petitioner proposes to provide the fans with an alarm system consisting 
of a mechanical switch that will be mounted to the fan housing and 
designed to activate a relay in the fan monitoring panel when the air 
reversal prevention door is in the closed position. The relay will 
activate a warning light near the door location and provide an audible 
and visible alarm at a location where a responsible person will always 
be on duty when miners are working underground, and will have two-way 
communication with working sections. The petitioner states that a 
magnetic switch may be used if approved by the District Manager. The 
petitioner has listed in this petition for modification specific terms 
and conditions that will be used when the proposed alternative method 
is implemented. The petitioner asserts that the proposed alternative 
method would provide at least the same measure of protection as the 
existing standard.

2. Ohio County Coal Company

[Docket No. M-2004-026-C]

    Ohio County Coal Company, PO Box 39, Centertown, Kentucky 42328 has 
filed a petition to modify the application of 30 CFR 75.1103-4 
(Automatic fire sensor and warning device systems; installation; 
minimum requirements) to its Big Run Underground Mine (MSHA I.D. No. 
15-18552) located in Ohio County, Kentucky. The petitioner proposes to 
install a carbon monoxide monitoring system as an early warning fire 
detection system near the center and in the upper third of the belt 
entry in a location that would not expose personnel working on the 
system to unsafe situations. The petitioner has listed in this petition 
for modification specific terms & conditions that will be used when the 
proposed alternative method is implemented. The petitioner asserts that 
the proposed alternative method would provide at least the same measure 
of protection as the existing standard.

3. Snyder Coal Company

[Docket No. M-2004-027-C]

    Snyder Coal Company, 66 Snyder Lane, Hegins, Pennsylvania 17938 has 
filed a petition to modify the application of 30 CFR 49.2 (Availability 
of mine rescue teams) to its No. 1 Rock Slope (MSHA I.D. No. 36-09256) 
located in Schuylkill County, Pennsylvania. The petitioner requests a 
modification of the standard to permit the reduction of two mine rescue 
teams with five members and one alternate each, to two mine rescue 
teams of three members with one alternate for either team. The 
petitioner asserts that an attempt to utilize five or more rescue team 
members in the mine's confined working places would result in 
diminution of safety to both the miners at the mine and members of the 
rescue team, and that the proposed alternative method would provide at 
least the same measure of protection as the existing standard.

4. Snyder Coal Company

[Docket No. M-2004-028-C]

    Snyder Coal Company, 66 Snyder Lane, Hegins, Pennsylvania 17938 has 
filed a petition to modify the application of 30 CFR 75.1100-2(a) 
(Quantity and location of firefighting equipment) to its No. 1 Rock 
Slope (MSHA I.D. No. 36-09256) located in Schuylkill County, 
Pennsylvania. The petitioner requests a modification of the standard to 
permit use of only portable fire extinguishers to replace existing 
requirements where rock dust, water cars, and other water storage 
equipped with three (3) ten quart pails is not practical. The 
petitioner proposes to use two (2) portable fire extinguishers near the 
slope bottom and an additional portable fire extinguisher within 500 
feet of the working face for equivalent fire protection for the No. 1 
Rock Slope Mine. The petitioner asserts that the proposed alternative 
method would provide at least the same measure of protection as the 
existing standard.

5. Snyder Coal Company

[Docket No. M-2004-029-C]

    Snyder Coal Company, 66 Snyder Lane, Hegins, Pennsylvania 17938 has 
filed a petition to modify the application of 30 CFR 75.1200(d) & (i) 
(Mine map) to its No. 1 Rock Slope Mine (MSHA I.D. No. 36-09256) 
located in Schuylkill County, Pennsylvania. The petitioner proposes to 
use cross-sections instead of contour lines through the intake slope, 
at locations of rock tunnel connections between veins, and at 1,000 
foot intervals of advance from the intake slope; and to limit the 
required mapping of the mine workings above and below to those present 
within 100 feet of the vein being mined except when veins are 
interconnected to other veins beyond the 100-foot limit through rock 
tunnels. The petitioner asserts that due to the steep pitch encountered 
in mining anthracite coal veins, contours provide no useful information 
and their presence would make portions of the map illegible. The 
petitioner further asserts that use of cross-sections in lieu of 
contour lines has been practiced since the late 1800's thereby 
providing critical information relative to the spacing between veins 
and proximity to other mine workings which fluctuate considerably. The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as the existing standard.

6. Snyder Coal Company

[Docket No. M-2004-030-C]

    Snyder Coal Company, 66 Snyder Lane, Hegins, Pennsylvania 17938 has 
filed a petition to modify the application of 30 CFR 75.1202 and 
75.1202-1(a) (Temporary notations, revisions, and supplements) to its 
No. 1 Rock Slope Mine (MSHA I.D. No. 36-09256) located in Schuylkill 
County, Pennsylvania. The petitioner proposes to revise and supplement 
mine maps annually instead of every 6 months as required, and to update 
maps daily by hand notations. The petitioner also proposes to conduct 
surveys prior to commencing retreat mining and whenever either a 
drilling program under 30 CFR 75.388 or plan for mining into 
inaccessible areas under 30 CFR 75.389 is required. The petitioner 
asserts that the proposed alternative method would provide at least the 
same measure of protection as the existing standard.

7. Eastern Associated Coal Corporation

[Docket No. M-2004-031-C]

    Eastern Associated Coal Corporation, 1970 Barrett Court, PO Box 
1990, Henderson, Kentucky 42419 has filed a petition to modify the 
application of 30 CFR 75.364(b)(7) (Weekly examination) to its Federal 
No. 2 Mine (MSHA I.D. No. 46-01456) located in Monogalia County, West 
Virginia. The petitioner requests a modification of the existing 
standard to permit the use of a 480-volt 3 phase alternating current 
electric

[[Page 43629]]

power circuit for its non-permissible deep well submersible pump that 
would: (i) Contain either a direct or derived neutral resistor at the 
source transformer or power center, and a grounding circuit originating 
at the grounded side of the grounding resistor extended along with the 
power conductors and serve as the grounding conductor for the frame of 
the pump; (ii) contain a grounding resistor that limits the ground 
fault current to not more than 15 amperes, and rated for the maximum 
fault current available and insulated from the ground for a voltage 
equal to the phase-to-phase voltage of the system; (iii) provide 
protection by suitable circuit breaker of adequate interrupting 
capacity with devices to provide protection against under voltage, 
grounded phase, short-circuit, and overload; (iv) contain a 
disconnecting device installed in conjunction with the circuit breaker 
to provide visual evidence that the power is disconnected; and (v) 
provide controls to shut the pumps down in low flow conditions. The 
petitioner states that the controls will monitor for low current which 
is an indication of low flow conditions; that a certified person will 
conduct weekly electrical checks; and that the monthly examination of 
electrical equipment required by 30 CFR 77.502 will include a 
functional test of the grounded phase protective devices to determine 
the proper operation and record. The results of the functional tests 
will be recorded in the approved ``Examination of Electrical 
Equipment'' record books. The petitioner asserts that the proposed 
alternative method would provide at least the same measure of 
protection as the existing standard.

8. Cotter Corporation

[Docket No. M-2004-007-M]

    Cotter Corporation, 7800 E. Dorado Place, Suite 210, Englewood, 
Colorado 80111 has filed a petition to modify the application of 30 CFR 
57.11055 (Inclined escapeways) to its C-JD-9 Mine (MSHA I.D. No. 05-
03066) located in Montrose County, Colorado. The petitioner requests 
modification of the existing standard to permit the portable emergency 
hoisting facility (truck) to be stored in a safe area at the Nucla, 
Colorado office and yard and transported to the mine site when 
necessary for the emergency escape of the miners, and allow the 
provisions of 30 CFR 57.11050(b) to be used until the emergency 
hoisting facility is located over the borehole and ready to evacuate 
the miners. The petitioner has listed in this petition specific terms 
and conditions that will be applied when the proposed alternative 
method is implemented. 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 August 20, 
2004. Copies of these petitions are available for inspection at that 
address.

    Dated at Arlington, Virginia this 15th day of July 2004.
Marvin W. Nichols, Jr.,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 04-16481 Filed 7-20-04; 8:45 am]
BILLING CODE 4510-43-P