[Federal Register Volume 70, Number 70 (Wednesday, April 13, 2005)]
[Notices]
[Pages 19506-19507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7388]


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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. Chestnut Coal Company

[Docket No. M-2005-019-C]

    Chestnut Coal Company, RD 3, Box 142B, Sunbury, Pennsylvania 17801 
has filed a petition to modify the application of 30 CFR 75.512-2 
(Frequency of examinations) to its No. 10 Slope Mine (MSHA I.D. No. 36-
07059) located in Northumberland County, Pennsylvania. The petitioner 
requests a modification of the existing standard to permit permissible 
electrical equipment to be examined once a month instead of weekly. The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as the existing standard.

2. Chestnut Coal Company

[Docket No. M-2005-020-C]

    Chestnut Coal Company, RD 3, Box 142B, Sunbury, Pennsylvania 17801 
has filed a petition to modify the application of 30 CFR 75.311(b)(2) 
and (b)(3) (Main mine fan operation) to its No. 10 Slope Mine (MSHA 
I.D. No. 36-07059) located in Northumberland County, Pennsylvania. The 
petitioner requests a modification of the existing standard to permit 
the electrical circuits entering the underground mine to remain 
energized to the mine's pumps while the main fan is intentionally shut 
down during idle shifts when miners are not working underground. The 
petitioner proposes to de-energize the electrical circuits to the pumps 
and run the main mine fan for 30 minutes after the water from the mine 
has been removed and prior to entering the mine to conduct a pre-shift 
examination. The petitioner asserts that the proposed alternative 
method would provide at least the same measure of protection as the 
existing standard.

3. Six M Coal Company

[Docket No. M-2005-021-C]

    Six M Coal Company, 482 High Road, Ashland, Pennsylvania 17921 has 
filed a petition to modify the application of 30 CFR 75.335 
(Construction of seals) to its No. 1 Slope Mine (MSHA I.D. No. 36-
09138) located in Dauphin County, Pennsylvania. Petitioner proposes 
constructing seals from wooden materials of moderate size and weight; 
designing the seals to withstand a static horizontal pressure in the 
range of 10 psi; and installing a sampling tube only in the monkey 
(higher elevation) seal. The petitioner asserts that because of the 
pitch of anthracite veins, concrete blocks are difficult to use and 
expose miners to safety hazards during transport. The petitioner cites 
the low level of explosibility of anthracite coal dust and the minimal 
potential for either an accumulation of methane in previously mined 
pitching veins or an ignition source in the gob area as justification 
for the proposed 10 psi design criterion. The petitioner asserts that 
the proposed alternative method would provide at least the same measure 
of protection as the existing standard.

4. Consolidation Coal Company

[Docket No. M-2005-022-C]

    Consolidation Coal Company, 1800 Washington Road, Pittsburgh, 
Pennsylvania 15241 has filed a petition to modify the application of 30 
CFR 75.503 (Permissible electric face equipment; maintenance) and 30 
CFR 18.35 (Portable (trailing) cables and cords) to its Blacksville No. 
2 Mine (MSHA I.D. No. 46-01968) located in Monongalia County, West 
Virginia. The petitioner requests a modification of the existing 
standard to permit the maximum length of trailing cables for supplying 
power to permissible equipment used in continuous mining section be 
increased to 1,000 feet. The petitioner asserts that the proposed 
alternative method would provide at least the same measure of 
protection as the existing standard.

5. Warrior Coal, LLC

[Docket No. M-2005-023-C]

    Warrior Coal, LLC, 57 J.E. Ellis Road, Madisonville, Kentucky 42431 
has filed a petition to modify the application of 30 CFR 75.1103-4(a) 
(Automatic fire sensor and warning device systems; installation; 
minimum requirements) to its Cardinal Mine (MSHA I.D. No. 15-17216) 
located in Hopkins County, Kentucky. The petitioner requests a 
modification of Section 2(a) of its previously granted petition, M-
2004-034-C, to read as follows: ``The carbon monoxide monitoring system 
shall be capable of providing both visual and audible signals. A visual 
or audible alert signal shall be activated when the carbon monoxide 
level at any sensor reaches 10 parts per million (ppm) above the 
ambient level for the mine. An audible and visual alarm signal 
distinguishable from the alert signal shall be activated when the 
carbon monoxide level at any sensor reaches 15 ppm above the ambient 
level for the mine. The District Manager is authorized to require lower 
alert and alarm levels.'' The petitioner asserts that the proposed 
alternative method would provide at least the same measure of 
protection as the existing standard.

6. Ohio County Coal Company

[Docket No. M-2005-024-C]

    Ohio County Coal Company, P.O. Box 39, Centertown, Kentucky 42328 
has filed a petition to modify the application of 30 CFR 75.1101-1(b) 
(Deluge-type water spray systems) to its Big Run Mine (MSHA I.D. No. 
15-18552) located in Ohio County, Kentucky. 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; to conduct 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.

[[Page 19507]]

7. Tech Leasing & Rebuild, Inc.

[Docket No. M-2005-025-C]

    Tech Leasing & Rebuild, Inc., R. Rt. 1, Box 48C, Pounding Mill, 
Virginia 24637 has filed a petition to modify the application of 30 CFR 
75.1710-1(4) (Canopies or cabs; self-propelled diesel-powered and 
electric face equipment; installation requirements) to its Mine 
1 (MSHA I.D. No. 44-06859) located in Tazewell County, 
Virginia. The Tech Leasing & Rebuild, Inc., Mine 1 is 
developing the War Creek coal seam located North of Rt. 628 on Indian 
Creek. The petitioner proposes to operate mobile face equipment without 
canopies or cabs when the mining height is 48 inches or less. The 
petitioner states that mining height at the Mine 1 averages 
between 37'' to 45'' with localized dips and elevation changes in the 
mine floor; and the mining height with the dips and changes in 
elevation have created conditions in which mining equipment with 
canopies and cabs have dislodged roof bolts and limits visibility for 
equipment operators. The petitioner asserts that application of the 
existing standard would result in a diminution of safety to the miners.

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 May 13, 2005. Copies of these 
petitions are available for inspection at that address.

    Dated at Arlington, Virginia, this 6th day of April 2005.
Rebecca J. Smith,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 05-7388 Filed 4-12-05; 8:45 am]
BILLING CODE 4510-43-P