[Federal Register Volume 70, Number 131 (Monday, July 11, 2005)]
[Notices]
[Pages 39799-39800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13524]


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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. Kingwood Mining Company, LLC

[Docket No. M-2005-043-C]

    Kingwood Mining Company, LLC, Route 1, Box 294C, Newburg, West 
Virginia has filed a petition to modify the application of 30 CFR 
75.364(a)(1)

[[Page 39800]]

(Weekly examination) to its Whitetail K-Mine (MSHA I.D. No. 46-08751) 
located in Preston County, West Virginia. The petitioner proposes to 
have a certified person conduct weekly examination of the East Mains 1-
Right and 2-Right panels for quantity, quality, and direction of the 
air and record the results of the examinations in a book that will be 
made available for interested persons. The petitioner states that due 
to deteriorating roof and numerous falls in the East Mains 1-Right and 
2-Right panels, to travel the areas in their entirety would be unsafe; 
that all approaches inby the inlet and outlet areas into the East Mains 
1-Right and 2-Right panels will be dangered off; and that the proposed 
alternate method will provide adequate air evaluation of the worked out 
areas and limit the exposure of hazards to the person conducting the 
examinations. The petitioner asserts that the proposed alternative 
method will provide at least the same measure of protection as the 
existing standard.

2. Andalex Resources, Inc.

[Docket No. M-2005-044-C]

    Andalex Resources, Inc., P.O. Box 902, Price, Utah 84501 has filed 
a petition to modify the application of 30 CFR 75.1100-2(e)(2) 
(Quantity and location of firefighting equipment) to its Aberdeen Mine 
(MSHA I.D. No. 42-02028) located in Carbon County, Utah. The petitioner 
requests a modification of the existing standard to permit the use of 
two 10 pound portable (ABC) fire extinguishers at both temporary and 
permanent electrical installations. The petitioner proposes to have two 
multi-purpose dry chemical portable fire extinguishers with at least a 
minimum capacity of 10 pounds of dry powder at each temporary 
electrical installation. The petitioner asserts that application of the 
existing standard will result in a diminution of safety and the 
proposed alternative method will provide at least the same measure of 
protection as the existing standard.

3. Energy West Mining Company

[Docket No. M-2005-045-C]

    Energy West Mining Company, P.O. Box 310, Huntington, Utah 84528 
has filed a petition to modify the application of 30 CFR 75.350 (Belt 
air course ventilation) to its Deer Creek Mine (MSHA I.D. No. 42-00121) 
located in Emery County, Utah. The petitioner proposes to implement 
this petition for modification for development of the entries and 
crosscuts in the coal seam between the primary intake and belt slope, 
and to the return slope upon completion of the connection between the 
primary intake slope and the belt slope. The petitioner states that 
when the connection is made with the return slope the petition for 
modification will be terminated. The petitioner asserts that 
application of the existing standard for connection and initial 
development of the coal seam between the intake and belt slopes, will 
cause a diminution of safety in relation to the increased exposure of 
hauling coal down the slopes and the proposed alternative method will 
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 August 10, 2005.
    Copies of these petitions are available for inspection at that 
address.

    Dated at Arlington, Virginia this 5th day of July 2005.
Rebecca J. Smith,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 05-13524 Filed 7-8-05; 8:45 am]
BILLING CODE 4510-43-P