[Federal Register Volume 70, Number 94 (Tuesday, May 17, 2005)]
[Notices]
[Page 28321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9798]



[[Page 28321]]

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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. Wabash Mine Holding Company

[Docket No. M-2005-030-C]

    Wabash Mine Holding Company, Three Gateway Center, Suite 1340, 401 
Liberty Avenue, Pittsburgh, Pennsylvania 15222 has filed a petition to 
modify the application of 30 CFR 75.364(b)(1) and (b)(4) (Weekly 
examination) to its Wabash Mine (MSHA I.D. No. 11-00877) located in 
Wabash County, Illinois. The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance for 
examination of certain sealed areas of the Wabash Mine. The petitioner 
states that certain portions of the mine has been sealed off in the 
Main South and East seals; air ventilating these seals does ventilate 
any working section but travels to a nearby return air shaft; roof 
falls have occurred in several of the airways formerly providing access 
to the seals; and the remaining entries providing access to the seals 
have deteriorated roof conditions and hinder safe access to the seals. 
The petitioner asserts that to examine these seals would result in a 
diminution of safety to the miners. The petitioner proposes to 
establish a permanent monitoring station to monitor the air for oxygen 
and methane after it passes through the affected area of the Main East 
and Main South seals; to have a certified person evaluate on a weekly 
basis the air that passes the seals before it reaches the seals in the 
affected area; and to submit proposed revisions to include initial and 
refresher training for its approved 30 CFR Part 48 training plan to the 
District Manager within 60 days after the Proposed Decision and Order 
becomes final. The petitioner asserts that the proposed alternative 
method would provide at least the same measure of protection as the 
existing standard.

2. Wabash Mine Holding Company

[Docket No. M-2005-031-C]

    Wabash Mine Holding Company, Three Gateway Center, Suite 1340, 401 
Liberty Avenue, Pittsburgh, Pennsylvania 15222 has filed a petition to 
modify the application of 30 CFR 75.364(b)(2) (Weekly examination) to 
its Wabash Mine (MSHA I.D. No. 11-00877) located in Wabash County, 
Illinois. The petitioner requests a modification of the existing 
standard to permit an alternative method of compliance for examination 
of certain sealed areas of the Wabash Mine. Due to deteriorating roof 
conditions and limited access in the 1N3W air course from the 
1W3b tail area to the west side of the existing 1N3W seals, 
traveling the air course in its entirety to conduct weekly examinations 
would be hazardous to the miners. The petitioner proposes to establish 
an inlet evaluation point, ``Intake EP'' and two (2) outlet evaluation 
points ``Permanent Outby EP'' to be evaluated by a certified person on 
a weekly basis; and to submit proposed revisions that will include 
initial and refresher training for its approved 30 CFR part 48 training 
plan to the District Manager within 60 days after the Proposed Decision 
and Order becomes final. 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.

3. Eighty Four Mining Company

[Docket No. M-2005-032-C]

    Eighty Four Mining Company, 1800 Washington Road, Pittsburgh, 
Pennsylvania 15241-1421 has filed a petition to modify the application 
of 30 CFR 75.364(a) (Weekly examination) to its Mine 84 (MSHA I.D. No. 
36-00958) located in Washington County, Pennsylvania. The petitioner 
requests a modification of the existing standard to permit an 
alternative method of compliance for examination of the worked out area 
behind the No. 18 belt air dump (sump area) of Mine 84. Due to 
deteriorating roof conditions, traveling the affected area of the mine 
would expose workers to hazardous conditions. The petitioner proposes 
to establish check points G and H to monitor the quantity and quality 
of air at these check points, and have a certified person to measure 
the air quality and quantity and record their initials, the date and 
time in a record book to certify that the examination was conducted. 
The record book will be kept on the surface for a period of six months 
and made available for inspection by interested persons. The petitioner 
asserts that the proposed alternative method would provide at least the 
same measure of protection as the existing standard.

4. Coulterville Coal Company, LLC

[Docket No. M-2005-033-C)

    Coulterville Coal Company, LLC, 13101 Zeigler 11 Road, P.O. Box 
397, Coulterville, Illinois 62237 has filed a petition to modify the 
application of 30 CFR 75.1909(b)(6) (Nonpermissible diesel-powered 
equipment; design and performance requirements) to its Gateway Mine 
(MSHA I.D. No. 11-02408) located in Randolph County, Illinois. The 
petitioner proposes to operate a six-wheel Getman Road Builder, model 
RDG-1504S, serial number 6739, as it was originally designed without 
front brakes. The petitioner states that the Getman Road Builder has 
dual brake systems on the four (4) rear wheels and is designed to 
prevent loss of braking due to a single component failure. The 
petitioner will train the grader operators to limit the maximum speed 
of the Road Builder to 10 miles per hour (MPH) by permanently blocking 
out any gear that would provide higher speed, or use transmission and 
differential ratios that would limit the maximum speed to 10 MPH; to 
recognize the appropriate speeds to use on different roadway conditions 
and slopes; and to lower the grader blade for additional stopping 
capability in emergency situations. 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 June 16, 2005. Copies of these 
petitions are available for inspection at that address.

    Dated at Arlington, Virginia, this 11th day of May 2005.
Rebecca J. Smith,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 05-9798 Filed 5-16-05; 8:45 am]
BILLING CODE 4510-43-P