[Federal Register Volume 70, Number 59 (Tuesday, March 29, 2005)]
[Notices]
[Pages 15898-15899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6065]


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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. Webster County Coal, LLC

[Docket No. M-2005-013-C]

    Webster County Coal, LLC, 1586 Balls Hill Road, Nebo, Kentucky 
42441 has filed a petition to modify the application of 30 CFR 75.1101-
1(b) (Deluge-type water spray systems) to its Dotiki Mine (MSHA I.D. 
No. 15-02132) located in Hopkins County, Kentucky. The petitioner 
requests a modification of the existing standard to eliminate the use 
of blow-off dust covers for the nozzles of a deluge-type water spray 
system. The petitioner proposes to train a person in the testing 
procedures specific to the deluge-type water spray fire suppression 
systems used at each belt drive to once a week conduct a visual 
examination of each deluge-type water spray fire suppression system; a 
functional test of the deluge-type water spray fire suppression systems 
by actuating the system and observing its performance; and finally, to 
record the results of the examination and functional test in a book 
maintained on the surface that would be made available to the 
authorized representative of the Secretary. The results of the 
examination and functional test will be retained at the mine for one 
year. The petitioner states that if any malfunction or clogged nozzle 
is detected as a result of the weekly examination or functional test, 
corrections will be made immediately. The petitioner further states 
that the procedure used to perform the functional test will be posted 
at or near each belt drive that uses 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.

2. Peabody Energy

[Docket No. M-2005-014-C]

    Peabody Energy, 202 Laidley Tower, P.O. Box 1233, Charleston, West 
Virginia 25324-1233 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 Highland Mine (MSHA I.D. No. 15-
02709) located in Union County, Kentucky. The petitioner proposes to 
use a 480-volt, three-phase diesel-powered electric generator to move 
equipment in the mine. The petitioner has listed in this petition for 
modification specific procedures that would be followed 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. Kennecott Energy Company

[Docket No. M-2005-015-C]

    Kennecott Energy Company, 505 South Gillette Avenue, P.O. Box 3009, 
Gillette, Wyoming 82717-3009 has filed a petition to modify the 
application of 30 CFR 77.802 (Protection of high-voltage circuits; 
neutral grounding resistors; disconnecting devices) to its Cordero-Rojo 
Mine (MSHA I.D. No. 48-00992) and Jacobs Ranch Mine (I.D. No. 48-00997) 
located in Campbell County, Wyoming; Antelope Mine (I.D. No. 48-01337) 
located in Converse County, Wyoming; Spring Creek Mine (I.D. No. 24-
01457) located in Bighorn County, Montana; and Colowyo Coal Mine (I.D. 
No. 05-02962) located in Moffat County, Colorado. The petitioner 
requests a modification of the existing standard to permit an 
alternative method of compliance for continued use of high-voltage 
diesel-powered electric generators. The petitioner proposes to use a 
high-voltage portable diesel-powered electric generator to move and/or 
operate electrical equipment for temporary non-production functions 
such as, but not limited to, shovel relocations, maintenance outages, 
building services during power outages for the safety of the miners and 
the mine. The petitioner states that when using the generator to power 
mobile equipment, only one piece of equipment will be powered, and in 
certain conditions, the generator may be used to supply power to pump 
substations. The petitioner has listed in this petition for 
modification specific terms and conditions that would be followed 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.

4. Kennecott Energy Company

[Docket No. M-2005-016-C]

    Kennecott Energy Company, 505 South Gillette Avenue, P.O. Box 3009, 
Gillette, Wyoming 82717-3009 has filed a petition to modify the 
application of 30 CFR 77.811 (Movement of portable substations and 
transformers) to its Cordero-Rojo Mine (MSHA I.D. No. 48-00992) and 
Jacobs Ranch Mine (I.D. No. 48-00997) located in Campbell County, 
Wyoming; Antelope Mine (I.D. No. 48-01337) located in Converse County, 
Wyoming; Spring Creek Mine (I.D. No. 24-01457) located in Bighorn 
County, Montana; and Colowyo Coal Mine (I.D. No. 05-02962) located in 
Moffat County, Colorado. The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance for 
prohibiting movement of energized transformers that are a part of a 
diesel-powered electric generator. The petitioner proposes to use a 
portable high-voltage diesel-powered electric generator to move and/or 
operate electrical equipment for temporary non-production functions 
such as, but not limited to, shovel relocations, maintenance outages, 
building services during power outages for the safety of the miners and 
the mine. The petitioner states that when using the generator to power 
mobile equipment, only one piece of equipment will be powered, and in 
certain conditions, the generator may be used to supply power to pump 
substations. The petitioner also states that the transformers are an 
integral part of, and trailer mounted with, the portable diesel-powered 
electric generator and can be safely moved as a part of the system. The 
petitioner has listed in this petition for modification specific terms 
and conditions that would be followed 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.

5. Ohio Valley Coal Company (The)

[Docket No. M-2005-017-C]

    The Ohio Valley Coal Company, 56854 Pleasant Ridge Road, Alledonia, 
Ohio 43902 has filed a petition to modify the application of 30 CFR 
75.350(b)(5) (Belt air course ventilation) to its Powhatan No. 6 Mine 
(MSHA I.D. No. 33-01159) located in Belmont County, Ohio. Due to 
deteriorating roof conditions in the Main North which extends from the 
junction of A-West Submain to the Portal of Hope, delivery and 
installation of supplemental supports will expose miners to hazardous 
conditions. The petitioner

[[Page 15899]]

proposes to mine and/or rehabilitate a set of entries parallel to the 
existing Main North entries to reduce the miner's exposure to injury by 
using the specific terms and conditions listed in this petition for 
modification. 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 asserts that application of the existing 
standard would result in a diminution of safety to the miners and the 
proposed alternative method would provide at least the same measure of 
protection as the existing standard.

6. Ohio Valley Coal Company (The)

[Docket No. M-2005-018-C]

    The Ohio Valley Coal Company, 56854 Pleasant Ridge Road, Alledonia, 
Ohio 43902 has filed a petition to modify the application of 30 CFR 
75.350(b)(6) (Belt air course ventilation) to its Powhatan No. 6 Mine 
(MSHA I.D. No. 33-01159) located in Belmont County, Ohio. Due to 
deteriorating roof conditions in the Main North which extends from the 
junction of A-West Submain to the Portal of Hope, delivery and 
installation of supplemental supports will expose miners to hazardous 
conditions. The petitioner proposes to mine and/or rehabilitate a set 
of entries parallel to the existing Main North entries to reduce the 
miner's exposure to injury by using the specific terms and conditions 
listed in this petition for modification. 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 asserts that 
application of the existing standard would result in a diminution of 
safety to the miners and 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 28, 2005. Copies of these 
petitions are available for inspection at that address.

    Dated at Arlington, Virginia this 22nd day of March 2005.
Rebecca J. Smith,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 05-6065 Filed 3-28-05; 8:45 am]
BILLING CODE 4510-43-P