[Federal Register Volume 70, Number 30 (Tuesday, February 15, 2005)]
[Notices]
[Pages 7760-7761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2882]


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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 Lignite Mining Company

[Docket No. M-2005-003-C]

    Mississippi Lignite Mining Company, Rt. 3 Box 98, Ackerman, 
Mississippi 39735 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 Red Hills Mine (MSHA I.D. No. 22-00690) 
located in Choctaw County, Mississippi. The petitioner requests a 
modification of the existing standard to allow an alternative method of 
compliance when raising or lowering the boom mast at construction sites 
during initial Dragline assembly. This method would only be used during 
the boom mast raising or lowering, and the machine will not be 
performing mining operations when raising or lowering the boom for 
construction or maintenance. The procedure would also be applicable in 
instances of disassembly or major maintenance which require the boom to 
be raised or lowered. 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 the proposed alternative method would provide 
at least the same measure of protection as the existing standard.

2. Lone Mountain Processing, Inc.

[Docket No. M-2005-004-C]

    Lone Mountain Processing, Inc., Drawer C, St. Charles, Virginia 
24282 has filed a petition to modify the application of 30 CFR 75.901 
(Protection of low- and medium-voltage three-phase circuits used 
underground) to its Clover Fork Mine (MSHA I.D. No. 15-18647) located 
in Harlan County, Kentucky. The petitioner proposes to use a 480-volt, 
three-phase, 300KW/375KVA diesel powered generator (DPG) set to supply 
power to a three-phase wye connected 300 KVA autotransformer and three-
phase, 480-volt and 995-volt power circuits. The petitioner asserts 
that the proposed alternative method would provide at least the same 
measure of protection as the existing standard.

3. R S & W Coal Company, Inc.

[Docket No. M-2005-005-C]

    R S & W Coal Company, Inc., 207 Creek Road, Klingerstown, 
Pennsylvania 17941 has filed a petition to modify the application of 30 
CFR 75.332(b)(1) & (b)(2) (Working sections and working places) to its 
R S & W Drift Mine (MSHA I.D. No. 36-01818) located in Schuylkill 
County, Pennsylvania. The petitioner requests a modification of the 
existing standard to permit the use of air passing through inaccessible 
abandoned workings and additional areas not examined under 30 CFR 
75.360, 30 CFR 75.361, and 30 CFR 75.364, to ventilate the only active 
working section provided the air meets the required quality specified 
in 30 CFR 75.321(a). This will ensure the maintenance of air quality by 
alternative methods of compliance through the sampling of section 
intake air at the gangway level during pre-shift, and on-shift 
examinations to test for carbon dioxide, methane, and oxygen deficiency 
and to suspend mine production when air quality contains more than 0.5 
percent methane and 0.25 percent carbon dioxide. The petitioner has 
listed in this petition specific terms and conditions that would be 
followed when using its alternative method. The petitioner states that 
records will be maintained of all examinations. The petitioner asserts 
that the proposed alternative method would provide at least the same 
measure of protection as the existing standard.

4. Eastern Associated Coal Corp.

[Docket No. M-2005-006-C]

    Eastern Associated Coal Corp., HCR 78, Box 113, Wharton, West 
Virginia 25208 has filed a petition to modify the application of 30 CFR 
75.1711-1 (Sealing of shaft openings) to its Harris Mine (MSHA I.D. No. 
46-01271) located in Boone County, West Virginia. The petitioner 
proposes to use an alternative method of compliance to seal and abandon 
the Bandy Branch bleeder/drainage shaft at the Harris No. 1 Mine using 
specific terms and conditions listed in the petition. The petitioner 
asserts that to completely fill the shaft would not be practical due to 
the relatively small opening left in the previous cap; that attempts to 
backfill the shaft with soil/rock materials would likely result in 
bridging of the materials

[[Page 7761]]

at the opening and incomplete backfilling of the shaft and future 
settlement and/or shifting of the material could lead to unintentional 
venting of mine gases. The petitioner further states that capping and 
venting the shaft would not be practical due to the mine spoil 
placement activities associated with the valley fill. 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 Federal eRulemaking Portal: http://www.regulations.gov; 
e-mail: [email protected]; Fax: (202) 693-9441; or Regular Mail/Hand 
Delivery/Courier: Mine Safety and Health Administration, Office of 
Standards, Regulations, and Variances, 1100 Wilson Boulevard, Room 
2350, Arlington, Virginia 22209. All comments must be postmarked or 
received in that office on or before March 17, 2005. Copies of these 
petitions are available for inspection at that address.

    Dated in Arlington, Virginia this 9th day of February 2005.
Rebecca J. Smith,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 05-2882 Filed 2-14-05; 8:45 am]
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