[Federal Register Volume 71, Number 174 (Friday, September 8, 2006)]
[Notices]
[Pages 53134-53135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-14888]


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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 and 30 CFR part 44.

1. FKZ Coal, Inc.

[Docket No. M-2006-019-C]

    FKZ Coal, Inc., P.O. Box 62, Locust Gap, Pennsylvania 17840 has 
filed a petition to modify the application of 30 CFR 75.1400 (Hoisting 
equipment; general) to its No. 1 Slope Mine (MSHA I.D. No. 36-08637) 
located in Northumberland County, Pennsylvania. The petitioner requests 
that previously granted petition for modification, docket number M-98-
012-C, be amended to change the wire rope from \7/8\-inch wire

[[Page 53135]]

rope to \5/8\ inch wire rope. As in the previously granted petition for 
modification, the petitioner proposes to use the slope (gunboat) to 
transport persons in shafts and slopes without safety catches or other 
no less effective devices. Instead, petitioner proposes to use an 
increased rope strength/safety factor and secondary safety rope 
connection. The petitioner asserts that the proposed alternative method 
would provide at least the same measure of protection as the existing 
standard.

2. McElroy Coal Company

[Docket No. M-2006-020-C]

    McElroy Coal Company, RD 4, Box 425, Route 2, 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 abandon the escape shaft by filling it with cement grout 
and capping the shaft with a 6-inch thick concrete cap along with a 
minimum 5-foot thick by 25-foot wide clay cap. They previously 
described this proposal in the Sealing Plan submitted on April 6, 2006 
to the MSHA District 3 office in Morgantown, West Virginia and included 
it as ``Attachment 1'' to the petition for modification. Further, the 
petitioner proposes to backfill around and or near the abandoned shaft 
with coarse coal refuse as part of the expansion of the Conner Run Dam 
after the abandonment of the shaft is completed. In addition, 
petitioner avers that abandonment of the shaft with cement grout will 
eliminate the potential of material consolidation, void formation or 
seepage flows between the abandoned shaft and underground workings. The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as the existing standard.

3. AMFIRE Mining Company, LLC

[Docket No. M-2006-021-C]

    AMFIRE Mining Company, LLC, One Energy Place, Latrobe, Pennsylvania 
15650 has filed a petition to modify the application of 30 CFR 75.1100-
2(e)(2) (Quantity and location of firefighting equipment) to its 
Madison Mine (MSHA I.D. No. 36-09127) located in Cambria County, 
Pennsylvania. The petitioner requests a modification of the existing 
standard to permit an alternative method of compliance with the 
firefighting equipment required at temporary electrical installations. 
The petitioner proposes to use two (2) fire extinguishers or one fire 
extinguisher of twice the required capacity at all temporary electrical 
installations, in lieu of using 240 pounds of rock dust. In support of 
the request, petitioner asserts that having two (2) fire extinguishers 
at each temporary electrical installation will eliminate or minimize 
the problems associated with the maintenance of rock dust at temporary 
electrical installations. The petitioner asserts that the proposed 
alternative method would provide at least the same measure of 
protection as the existing standard.

4. R S & W Coal Company, Inc.

[Docket No. M-2006-022-C]

    R S & W Coal Company, Inc., 207 Creek Road, Klingerstown, 
Pennsylvania 17941 has filed a petition to modify the application of 30 
CFR 75.1714-2(c) (Self-rescue devices; use and location requirements) 
to its RS&W Drift Mine (MSHA I.D. No. 36-01818) located in Schuylkill 
County, Pennsylvania. The petitioner requests a modification of the 
existing standard to permit self-contained self-rescue (SCSR) devices 
to be stored within 200 feet of the working face. The petitioner states 
that in steeply pitching, conventional anthracite mines, entries are 
advanced as far as 200 feet vertically, which exposes the miner to trip 
and fall hazards and the necessity of carrying supplies up narrow 
entries while wearing the SCSRs may result in damage to the SCSR and 
also may result in a diminution of safety to the miner. 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 to [email protected]. Include ``petitions for 
modification'' in the subject line of the e-mail. Comments can also be 
submitted by fax, regular mail, or hand-delivery. If faxing your 
comments, include ``petitions for modification'' on the subject line of 
the fax. Comments by regular mail or hand-delivery should be submitted 
to the Mine Safety and Health Administration, Office of Standards, 
Regulations, and Variances, 1100 Wilson Boulevard, Room 2350, 
Arlington, Virginia 22209. If hand-delivered, you are required to stop 
by the 21st floor to check in with the receptionist. All comments must 
be postmarked or received by the Office of Standards, Regulations, and 
Variances on or before October 10, 2006. Copies of the petitions are 
available for inspection at that address.

    Dated at Arlington, Virginia, this 25th day of August 2006.
Ria Moore Benedict,
Deputy Director, Office of Standards, Regulations, and Variances.
[FR Doc. E6-14888 Filed 9-7-06; 8:45 am]
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