[Federal Register Volume 70, Number 248 (Wednesday, December 28, 2005)]
[Notices]
[Pages 76892-76893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-7900]


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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. RS&W Coal Company, Inc.

[Docket No. M-2005-079-C]

    RS&W Coal Company, Inc., 207 Creek Road, Klingerstown, Pennsylvania 
17941 has filed a petition to modify the application of 30 CFR 75.1312 
(Explosives and detonators in underground magazines) to its RS&W Drift 
Mine (MSHA I.D. No. 23-01818) located in Schuylkill County, 
Pennsylvania. The petitioner requests a modification of the existing 
standard to permit the amount of explosives to be how much explosives 
are stored in a type two magazine built in accordance with ATF 
requirements in lieu of limiting the amount of explosives used 
underground to not more than 48 hours; to permit the use of two (2) 
magazines separated with 4 inches of hardwood; and to permit location 
of storage explosives and detonators in the anthracite coal mine 
gangway to be located 5 feet from the rail and offset from the rib at 
least 2 feet into solid rock, to protect the magazines from the dangers 
of moving vehicles and sources of electrical current. The petitioner 
asserts that the proposed alternative method would provide at least the 
same measure of protection as the existing standard.

2. Canyon Fuel Company, LLC

[Docket No. M-2005-080-C]

    Canyon Fuel Company, LLC, 397 South 800 West, Salina, Utah 84654 
has filed a petition to modify the application of 30 CFR 75.1909(b)(6) 
(Nonpermissible diesel-powered equipment; design and performance

[[Page 76893]]

requirements) to its SUFCO Mine (MSHA I.D. No. 42-00089) located in 
Sevier County, Utah; West Elk Mine (MSHA I.D. No. 05-03672) located in 
Gunnison County, Colorado; its Skyline Mine (MSHA I.D. No. 42-01566) 
and its Dugout Canyon Mine (MSHA I.D. No. 42-01890) located in Carbon 
County, Utah. The petitioner proposes to operate its six-wheel Getman 
Roadbuilder grader, Model RDG-1504S, Serial Number 6787 without front 
brakes as originally designed. The petitioner will provide training for 
grader operators to lower the moldboard to provide additional stopping 
capability in emergency situations, and to recognize the appropriate 
speeds to use on different roadway conditions, and to limit the maximum 
speed to 10 miles per hour. The petitioner asserts that the proposed 
alternative method would provide at least the same measure of 
protection as the existing standard.

3. Black Beauty Coal Company

[Docket No. M-2005-081-C]

    Black Beauty Coal Company, 7100 Eagle Crest Blvd., Suite 100, 
Evansville, Indiana 47715 has filed a petition to modify the 
application of 30 CFR 75.500(d) (Permissible electric equipment) to its 
Air Quality 1 Mine (MSHA I.D. No. 12-02010) located in Knox 
County, Indiana; Francisco Mine--UG Pit (MSHA I.D. No. 12-02295) 
located in Gibson County, Indiana; Gateway Mine (MSHA I.D. No. 11-
02408) located in Randolph County, Illinois; and its Riola Mine 
Complex--Riola Portal (MSHA I.D. No. 11-02971) and Riola Mine Complex--
Vermilion Grove Portal (MSHA I.D. No. 11-03060) located in Vermilion 
County, Illinois. The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance to use 
battery-powered non-permissible hand-held computers in or inby the last 
open crosscut, including in the return airways to allow supervisors and 
selected miners to collect and record data pertinent to safety 
observations during work processes. The petitioner has listed specific 
procedures in this petition that will be followed when its 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.

4. Big Ridge, Inc.

[Docket No. M-2005-082-C]

    Big Ridge, Inc., 420 Long Lane Road, Equality, Illinois 62934 has 
filed a petition to modify the application of 30 CFR 75.500(d) 
(Permissible electric equipment) to its Willow Lake Mine (MSHA I.D. No. 
11-03054) located in Saline County, Illinois. The petitioner requests a 
modification of the existing standard to permit an alternative method 
of compliance to use battery-powered non-permissible hand-held 
computers in or inby the last open crosscut, including in the airways 
to allow supervisors and selected miners to collect and record data 
pertinent to safety observations during work processes. The petitioner 
has listed specific procedures in this petition that will be followed 
when its 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. Dodge Hill Mining Company, LLC

[Docket No. M-2005-083-C]

    Dodge Hill Mining Company, LLC, P.O. Box 165, Sturgis, Kentucky 
42459 has filed a petition to modify the application of 30 CFR 
75.500(d) (Permissible electric equipment) to its Dodge Hill Mine (MSHA 
I.D. No. 15-18335) located in Union County, Kentucky. The petitioner 
requests a modification of the existing standard to permit an 
alternative method of compliance to use battery-powered non-permissible 
hand-held computers in or inby the last open crosscut, including in the 
airways to allow supervisors and selected miners to collect and record 
data pertinent to safety observations during work processes. The 
petitioner has listed specific procedures in this petition that will be 
followed when its 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.

6. Ohio County Coal Company

[Docket No. M-2005-084-C]

    Ohio County Coal Company, 19070 Highway 1078 South Henderson, 
Kentucky 42420 has filed a petition to modify the application of 30 CFR 
75.500(d) (Permissible electric equipment) to its Dyson Creek Mine 
(MSHA I.D. No. 15-13920) located in Webster County, Kentucky; Freedom 
Mine (I.D. No. 15-17587) located in Henderson County, Kentucky; and its 
Big Run Mine (I.D. No. 15-18552) located in Ohio County, Kentucky. The 
petitioner requests a modification of the existing standard to permit 
an alternative method of compliance to use battery-powered non-
permissible hand-held computers in or inby the last open crosscut, 
including in the airways to allow supervisors and selected miners to 
collect and record data pertinent to safety observations during work 
processes. The petitioner has listed specific procedures in this 
petition that will be followed when its 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 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 January 27, 
2006. Copies of these petitions are available for inspection at that 
address.

    Dated at Arlington, Virginia, this 20th day of December, 2005.
Rebecca J. Smith,
Acting Director, Office of Standards, Regulations, and Variances.
 [FR Doc. E5-7900 Filed 12-27-05; 8:45 am]
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