[Federal Register Volume 69, Number 162 (Monday, August 23, 2004)]
[Notices]
[Pages 51862-51863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19191]


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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. Mississippi Lime Company

[Docket No. M-2004-008-M]

    Mississippi Lime Company, 16147 Highway 61, Ste. Genevieve, 
Missouri 63670 has filed a petition to modify the application of 30 CFR 
56.15005 (Safety belts and lines) to its Peerless Mine and Mill (MSHA 
I.D. No. 23-00542) located in Ste. Genevieve County, Missouri. The 
petitioner proposes to facilitate non-entry full body harness and 
lifeline whenever an entrant enters a tank, bin or other dangerous 
areas, to facilitate non-entry rescue, unless the retrieval equipment 
would increase the overall risk of entry or not contribute to the 
rescue of the entrant. When a lifeline is used, the petitioner proposes 
to have a second person attending the lifeline. The petitioner asserts 
that the proposed alternative method would provide at least the same 
measure of protection as the existing standard.

2. American Engineering & Construction Company

[Docket No. M-2004-035-C]

    American Engineering & Construction Company, 735 St. Rt. 857, Clay, 
Kentucky 42404 has filed a petition to modify the application of 30 CFR 
75.364(b)(4) (Weekly examination) to its Baker Mine (MSHA I.D. No. 15-
14992) located in Webster County, Kentucky. Due to deteriorating roof 
conditions in the 13 seam seals at the 2nd and 3rd North Main Entries 
No. 1 Set of Seals, (affected Seals are No.'s 9, 10, 11, 12, and 13), 
the petitioner proposes to use an alternative method for examinations 
of the seals in the return air courses of the affected areas. The 
petitioner proposes to conduct examinations at evaluation points No. 1 
and No. 2, and monitor upstream (with respect to air flow) and 
downstream of the seal locations that cannot be examined. The 
petitioner states that monitoring at these evaluation points will 
evaluate the atmosphere going into and coming out from the seals. The 
petitioner asserts that application of the existing standard will 
result in a diminution of safety to the miners and that the proposed 
alternative method would provide at least the same measure of 
protection as the existing standard.

[[Page 51863]]

3. Warrior Coal, LLC

[Docket No. M-2004-036-C]

    Warrior Coal, LLC, 57 J.E. Ellis Road, Madisonville, Kentucky 42431 
has filed a petition to modify the application of 30 CFR 75.1101-1(b) 
(Deluge-type water spray) to its Cardinal Mine (MSHA I.D. No. 15-17216) 
located in Hopkins County, Kentucky. The petitioner requests a 
modification of the existing standard to permit an alternative method 
of compliance for the use of blow-off dust covers for deluge-type water 
spray nozzles. The petitioner proposes to train a person on testing 
procedures specific to the deluge-type water spray fire suppression 
system that will be utilized once a week at each belt drive; conduct a 
visual examination of each deluge-type water spray fire suppression 
system; conduct a functional test of the deluge-type water spray fire 
suppression system by actuating the system and observing its 
performance; and record results of the examination and test in a book 
maintained on the surface and made available to interested parties. The 
petitioner states that any malfunction or clogged nozzle detected as a 
result of the weekly examination or test will be corrected immediately, 
and the procedure used to perform the functional test will be posted at 
or near each belt drive that utilizes a deluge-type water spray fire 
suppression system. 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 September 22, 2004. Copies of 
these petitions are available for inspection at that address.

    Dated at Arlington, Virginia this 17th day of August 2004.
Marvin W. Nichols, Jr.,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 04-19191 Filed 8-20-04; 8:45 am]
BILLING CODE 4510-43-M