[Federal Register Volume 70, Number 161 (Monday, August 22, 2005)]
[Notices]
[Pages 48984-48985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16625]


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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. Black Stallion Coal Company, LLC

[Docket No. M-2005-055-C]

    Black Stallion Coal Company, LLC, 500 Lee Street, P.O. Box 1189, 
Charleston, West Virginia 25324 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 Black Stallion Mine (MSHA I.D. No. 40-09086) located in Boone 
County, West Virginia. The petitioner proposes to use 900 feet of 
trailing cable on Roof bolters and Mobil Roof Supports. The petitioner 
states that this proposed alternative method will only apply to 
trailing cables that supply 480-volt, three-phase, alternating current 
to roof bolters and mobile roof supports. The petitioner asserts that 
the proposed alternative method would provide at least the same measure 
of protection as the existing standard.

2. Hawthorne Coal Company, LLC

[Docket No. M-2005-056-C]

    Hawthorne Coal Company, LLC, 2708 Cranberry Square, Morgantown, 
West Virginia 26505 has filed a petition to modify the application of 
30 CFR 77.214(a) to its Hawthorne Preparation Plant (MSHA I.D. No. 46-
05544) located in Upshur County, West Virginia. The petitioner requests 
a modification of the existing standard to permit the extension of 
Hawthorne's Reed Hollow Refuse Pile over four sealed openings to the 
Grand Badger Mine No. 1A, now owned by Hawthorne which was abandoned in 
1986. The petitioner states that a fifth opening will not be affected 
by the refuse pile expansion. The petitioner asserts that the proposed 
alternative method would provide at least the same measure of 
protection as the existing standard.

3. McElroy Coal Company

[Docket No. M-2005-057-C]

    McElroy Coal Company, RD4, Box 425, Moundsville, West 
Virginia 26041 has filed a petition to modify the application of 30 CFR 
77.214(a) (Refuse piles; general) to its McElroy Mine (MSHA I.D. No. 
46-01437) located in Marshall County, West Virginia. The petitioner 
proposes to construct a soil buffer zone around the escape shaft with a 
minimum radius of 50-feet rather than the required radius of 300-feet. 
The petitioner states that the soil in the 50-foot buffer zone will be 
placed in maximum 12-inch thick loose lifts and will be compacted to a 
minimum of 95 percent of the standard Proctor maximum dry density as 
determined by ASTM D 698; the soil will be within -2 percent to +3 
percent of the material's optimum moisture content as determined by 
ASTM D 698; and coarse refuse will be placed in the remainder of the 
300-foot radius. The petitioner asserts that to construct a 300-foot 
soil buffer zone does not significantly increase the safety concerns 
related to the shaft structure and the proposed alternative method 
would provide at least the same measure of protection as the existing 
standard.

4. Dodge Hill Mining Company, LLC

[Docket No. M-2005-058-C]

    Dodge Hill Mining Company, LLC, P.O. Box 165, Sturgis, Kentucky 
42459 has filed a petition to modify the application of 30 CFR 75.1101-
1(b) (Deluge-type water spray systems) to its Dodge Hill Mine 
1 (MSHA I.D. No. 15-18335) located in Union County, Kentucky. 
The petitioner requests a modification of the existing standard to 
permit a variance from the use of dust covers. The petitioner instead 
proposes to have a person who is trained 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 
of the deluge-type water spray fire suppression systems; conduct a 
functional test of the deluge-type water spray fire suppression system 
by actuating the system and observing its performance; and record the 
results of the examination and functional test in a book provided on 
the surface available for authorized representatives of the Secretary 
and retained for one year. The petitioner states that all nozzles that 
are determined to be clogged or malfunctioning will be corrected 
immediately. The petitioner asserts that the proposed alternative 
method would provide at least the same measure of protection as the 
existing standard.

5. Hopkins County Coal, LLC

[Docket No. M-2005-059-C]

    Hopkins County Coal, LLC, 2668 St. Rt. 120E, Providence, Kentucky 
42450 has filed a petition to modify the application of 30 CFR 75.1700 
(Oil and gas wells) to its Elk Creek Mine (MSHA I.D. No. 15-28816) 
located in Hopkins County, Kentucky. The petitioner proposes to plug 
and mine through oil and gas wells in all mineable coalbeds. The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as the existing standard.

6. Simplot Phosphates, LLC

[Docket No. M-2005-002-M]

    Simplot Phosphates, LLC, 9401 North Highway 191, Vernal, Utah 84078 
has filed a petition to modify the application of 30 CFR 56.9300 (Berms 
or guardrails) to its Vernal Pit and Mill (MSHA I.D. No. 42-00998) 
located in Unitah County, Utah. The petitioner requests a modification 
of the existing standard to permit an alternative method of compliance 
during construction work on a tailings dam impoundment. The petitioner 
proposes to raise the height to the dam in several lift phases during 
tailings dam construction. The lift phases will occur roughly every 
other year depending on recoveries, evaporation, annual precipitation, 
and size of lift phases. The petitioner states that the lift phases are 
typically scheduled during the summer season to avoid poor weather 
conditions. The petitioner asserts that the proposed alternative method 
would

[[Page 48985]]

provide at least the same measure of protection as the existing 
standard.

7. Unimin Corporation

[Docket No. M-2005-003-M]

    Unimin Corporation, 258 Elm Street, New Canaan, Connecticut 06840 
has filed a petition to modify the application of 30 CFR 56.13020 (Use 
of compressed air) to its Unimin Hamilton Operation (MSHA I.D. No. 45-
00779) located in Skagit County, Washington. The petitioner proposes to 
implement a clothes cleaning booth process that has been jointly 
developed with and successfully tested by the National Institute for 
Occupational Safety and Health (NIOSH). The petitioner states that the 
process utilizes controlled compressed air for the purpose of cleaning 
miners' dust laden clothing. The petitioner asserts that the proposed 
alternative method would provide at least the same measure of 
protection as the existing standard.

8. Unimin Corporation

[Docket No. M-2005-004-M]

    Unimin Corporation, 258 Elm Street, New Canaan, Connecticut 06840 
has filed a petition to modify the application of 30 CFR 56.13020 (Use 
of compressed air) to its Unimin McIntyre Operation (MSHA I.D. No. 09-
00128) located in Wilkinson County, Georgia. The petitioner proposes to 
implement a clothes cleaning booth process that has been jointly 
developed with and successfully tested by the National Institute for 
Occupational Safety and Health (NIOSH). The petitioner states that the 
process utilizes controlled compressed air for the purpose of cleaning 
miners' dust laden clothing. The petitioner asserts that the proposed 
alternative method would provide at least the same measure of 
protection as the existing standard.

9. Phelps Dodge Bagdad

[Docket No. M-2005-005-M]

    Phelps Dodge Bagdad, 100 Main Street, Bagdad, Arizona 86321 has 
filed a petition to modify the application of 30 CFR 56.6309 (Fuel oil 
requirements for ANFO) to its Bagdad Mine (MSHA I.D. No. 02-00137) 
located in Yavapai County, Arizona. The petitioner proposes to use 
recycled waste oil blended with diesel fuel to produce ammonium 
nitrate-fuel oil for use as a blasting agent. The petitioner has listed 
specific procedures in this petition for modification 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.

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 September 21, 2005. Copies of 
these petitions are available for inspection at that address.

    Dated at Arlington, Virginia this 17th day of August 2005.
Rebecca J. Smith,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 05-16625 Filed 8-19-05; 8:45 am]
BILLING CODE 4510-43-P