[Federal Register Volume 70, Number 50 (Wednesday, March 16, 2005)]
[Notices]
[Pages 12905-12906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-5185]


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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. Snyder Coal Company

[Docket No. M-2005-007-C]

    Snyder Coal Company, 66 Snyder Lane, Hegins, Pennsylvania 17938 has 
filed a petition to modify the application of 30 CFR 77.403(a) (Mobile 
equipment; rollover protective structures (ROPS) to its N & L Slope 
Mine (MSHA I.D. No. 36-02203) located in Northumberland County, 
Pennsylvania. The petitioner requests a modification of the existing 
standard to permit the Case Front End Loader, Model W26B, S/N No. 
9107513 to be used at the N & L Slope Mine without being equipped with 
rollover protection structures (ROPS). The petitioner asserts that the 
proposed alternative method would provide at least the same

[[Page 12906]]

measure of protection as the existing standard.

2. Ohio Valley Coal Company (The)

[Docket No. M-2005-008-C]

    Ohio Valley Coal Company (The), 56854 Pleasant Ridge Road, 
Alledonia, Ohio 43902 has filed a petition to modify the application of 
30 CFR 75.380 (Escapeways; bituminous and lignite mines) to its 
Powhatan No. 6 Mine (MSHA I.D. No. 33-01159) located in Belmont County, 
Ohio. Due to deteriorating roof conditions throughout the portion of 
Main North which extends from the junction of A-West Submain to the 
Portal of Hope, the petitioner proposes to mine and/or rehabilitate a 
set of entries parallel to the existing Main North entries. The 
petitioner states that the majority of the development will consist of 
rehabilitation of existing entries and crosscuts, and some extraction 
of coal in areas between the existing gate sections. The petitioner 
will use specific terms and conditions listed in this petition 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. Eastern Associated Coal Corporation

[Docket No. M-2005-009-C]

    Eastern Associated Coal Corporation, P.O. Box 148, Graham, Kentucky 
42344 has filed a petition to modify the application of 30 CFR 
77.214(a) (Refuse file; general) to its Kopperston Preparation Plant 
(MSHA I.D. No. 46-03157) located in Wyoming County, West Virginia. The 
petitioner proposes to backfill four (4) existing mine openings 
associated with the Longbranch Energy Mine No. 20, with non-acid 
producing soil. The soil will extend approximately 25 feet into the 
mine and at least 4 feet in all directions beyond the limits of the 
mine opening. The petitioner also proposes to cover any exposed coal 
seam along the mine bench with soil to at least 4 feet above the coal 
seam. The petitioner has listed in this petition specific terms and 
conditions that will be followed when the proposed alternative method 
is implemented. The petitioner asserts that since the existing mine is 
abandoned, the proposed alternative method would provide at least the 
same measure of protection as the existing standard.

4. Thunder Basin Coal Company, LLC

[Docket No. M-2005-010-C]

    Thunder Basin Coal Company, LLC, P.O. Box 406, Wright, Wyoming 
82732 has filed a petition to modify the application of 30 CFR 77.700-1 
(Grounding metallic sheaths, armors, and conduits enclosing power 
conductors) to its Black Thunder Mine (MSHA I.D. No. 48-00977), and 
Coal Creek Mine (MSHA I.D. No. 48-01215) both located in Campbell 
County, Wyoming. The petitioner requests a modification of the existing 
standard to permit an alternative method of compliance for the 
grounding of a diesel electric generator. The petitioner proposes to 
use a portable diesel-powered electric generator to electrically power 
shovels while moving them from point to point around the mine. The 
petitioner also proposes to use a portable diesel electric generator to 
provide temporary power to mobile equipment where substations are not 
readily available and where substations cannot easily be installed 
without major construction work, and to provide temporary power to 
stationary loads when utility power is unavailable. The petitioner 
asserts that the proposed alternative method would provide at least the 
same measure of protection as the existing standard.

5. Powder River Coal Company

[Docket No. M-2005-011-C]

    Powder River Coal Company, 1013 E. Boxelder Road, Caller Box 3034, 
Gillette, Wyoming 82717-3034 has filed a petition to modify the 
application of 30 CFR 77.700-1 (Grounding metallic sheaths, armors, and 
conduits enclosing power conductors) to its North Antelope/Rochelle 
Mine (MSHA I.D. No. 48-01353), Caballo Mine (MSHA I.D. No. 48-01034), 
and Rawhide Mine (MSHA I.D. No. 48-00993) all located in Campbell 
County, Wyoming. The petitioner requests a modification of the existing 
standard to permit an alternative method of compliance for the 
grounding of a diesel electric generator. The petitioner proposes to 
use a portable diesel powered electric generator for temporary power 
and/or to move electrically powered mining equipment in and around the 
mine. The petitioner asserts that application of the existing standard 
would 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.

6. Goodin Creek Mining Company, Inc.

[Docket No. M-2005-012-C]

    Goodin Creek Mining Company, Inc., has filed a petition to modify 
the application of 30 CFR 75.342 (Methane monitors) to its Mine 
2 (MSHA I.D. No. 15-18606) located in Whitley County, 
Kentucky. The petitioner proposes to use hand-held continuous-duty 
methane and mounted methane monitors on three-wheel tractors with drag 
bottom buckets. The petitioner states that the operator will be 
qualified in the proper use of the detector. 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 April 15, 2005. Copies of these 
petitions are available for inspection at that address.

    Dated in Arlington, Virginia this 11th day of March, 2005.
Rebecca J. Smith,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 05-5185 Filed 3-15-05; 8:45 am]
BILLING CODE 4510-43-P