[Federal Register Volume 70, Number 105 (Thursday, June 2, 2005)]
[Notices]
[Pages 32379-32380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10939]


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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. Hopkins County Coal, LLC

[Docket No. M-2005-034-C]

    Hopkins County Coal, LLC, 2668 State Route 120 East, Providence, 
Kentucky 42450 has filed a petition to modify the application of 30 CFR 
75.1103-4(a) (Automatic fire sensor and warning device systems; minimum 
requirements; general) to its Elk Creek Mine (MSHA I.D. No. 15-18826) 
located in Hopkins County, Kentucky. The petitioner requests a 
modification of the existing standard to permit an alternative method 
of compliance for providing an automatic fire sensor and warning device 
system for identifying fire within each belt flight. The petitioner 
proposes to install a low-level carbon monoxide detection system as an 
early warning fire detection system in all belt entries where a 
monitoring system identifies a sensor location in lieu of identifying 
each belt flight. The petitioner has listed additional procedures in 
this petition that will be following 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.

2. Scorpio Mining, Inc.

[Docket No. M-2005-035-C]

    Scorpio Mining, Inc., 530 Fairmont Avenue, Fairmont, West Virginia 
26554 has filed a petition to modify the application of 30 CFR 
75.364(b)(4) (Weekly examination) to its King 1 Mine (MSHA 
I.D. No. 46-08880) located in Upshur County, West Virginia. Due to a 
large roof fall and the inability to see the seal, in lieu of weekly 
visual examinations, the petitioner proposes to inspect the air quality 
both inby and outby the 8 seal on a daily basis log both the 
oxygen quality and methane level, and keep the records in the mine 
office. If the change in oxygen quality between the inby and outby 
readings reaches 0.5 percent, the petitioner will increase inspections 
to every 4 hours during working shifts, and if the air quality falls 
below 19.5 percent oxygen, the petitioner will notify MSHA. The 
petitioner states that the weekly examiner will be equipped with an 
SCSR and will continually monitor the oxygen content of air while 
traveling the bleeder entries inby the roof fall; the 8 seal 
is on return air and poses no threat to employees; and the 8 
seal is located on the low side of the King 1 Mine away from 
current and future mining operations. The petitioner asserts that 
compliance with the existing standard would result in a diminution of 
safety to the miners.

3. Hopkins County Coal, LLC

[Docket No. M-2005-036-C]

    Hopkins County Coal, LLC, 2668 State Route 120 East, Providence, 
Kentucky 42450 has filed a petition to modify the application of 30 CFR 
75.1101-1(b) (Deluge-type water spray systems) to its Elk Creek Mine 
(MSHA I.D. No. 15-18826) located in Hopkins County, Kentucky. The 
petitioner requests a modification of the existing standard to permit 
an alternative method of compliance in lieu of providing blow-off dust 
covers for deluge-type water spray nozzles. The petitioner will have a 
person who is trained in testing procedures specific to the deluge-type 
water spray fire suppression systems at each belt drive conduct a 
visual examination of each deluge-type water spray fire suppression 
system; conduct a functional test of the deluge-type water spray fire 
suppression systems to check for proper performance; and record the 
results of the examination and functional test in a book that will be 
maintained on the surface of the mine for one year and made available 
to the authorized representative of the Secretary. The petitioner 
states that procedures used to perform functional test will be posted 
at or near each belt drive that utilizes a deluge-type water spray fire 
suppression system, and if any malfunction or clogged nozzle is 
detected, corrections will be made immediately. The petitioner asserts 
that the proposed alternative method would provide at least the same 
measure of protection as the existing standard.

4. Bridger Coal Company

[Docket No. M-2005-037-C]

    Bridger Coal Company, P.O. Box 68, Point of Rocks, Wyoming 82942 
has filed a petition to modify the application of 30 CFR 75.1101-8 
(Water sprinkler systems; arrangement of sprinklers) to its Bridger 
Underground Mine (MSHA I.D. No. 48-01646) located in Sweetwater County, 
Wyoming. The petitioner proposes to have a water sprinkler system that 
will consist of a single overhead pipe system with automatic sprinklers 
located no more than 10 feet apart so that the water discharged from 
the sprinklers will cover 50 feet of fire-resistant belt, or 150 feet 
of nonfire-resistant belt, adjacent to the belt drive. The petitioner 
states that the sprinkler will be located not more than 10 feet apart 
so that the water discharged from the sprinkler(s) will cover the drive 
motor(s), belt take-up, electrical controls, and gear reducing unit for 
each belt drive, and the sprinkler system will use either pendant or 
upright type sprinkler heads. 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. Alfred Brown Coal Company

[Docket No. M-2005-038-C]

    Alfred Brown Coal Company, 71 Hill Road, Hegins, Pennsylvania 17938 
has filed a petition to modify the application of 30 CFR 75.1100-
2(a)(2) (Quantity and location of firefighting equipment) to its 7 Ft. 
Slope Mine (MSHA I.D. No. 36-08893) located in Schuylkill County, 
Pennsylvania. The petitioner requests a modification of the existing 
standard to permit the use of portable fire extinguishers to replace 
existing requirements where rock dust, water cars, and other water 
storage equipped with three 10 quart pails are not practical. The 
petitioner proposes to use two portable fire extinguishers near the 
slope bottom and an additional portable fire extinguisher within 500 
feet of the working face for equivalent fire protection at the 7 Ft. 
Slope Mine. 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

[[Page 32380]]

received in that office on or before July 5, 2005. Copies of these 
petitions are available for inspection at that address.

    Dated at Arlington, Virginia this 26th day of May 2005.
Rebecca J. Smith,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 05-10939 Filed 6-1-05; 8:45 am]
BILLING CODE 4510-43-P