[Federal Register Volume 68, Number 120 (Monday, June 23, 2003)]
[Notices]
[Pages 37176-37177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15701]


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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. Anker West Virginia Mining Company, Inc.

[Docket No. M-2003-038-C]

    Anker West Virginia Mining Company, Inc., 22 Hampton Road, 
Buckhannon, West Virginia 26201 has filed a petition to modify the 
application of 30 CFR 75.364(b)(1) (Weekly examination) to its Spruce 
Fork Mine No. 1 (MSHA I.D. No. 46-08622) located in Upshur County, West 
Virginia. The petitioner proposes to establish an evaluation point to 
be examined weekly to monitor quality, quantity and direction of air 
flow through the A Mains intake air course starting at spad 428 and 
ending at spad 388, a distance of 3100 feet (Hereinafter ``A Mains air 
course''). The evaluation point will be established at the inby end of 
this intake air course near spad 388 to test for methane accumulation, 
oxygen deficiency, quantity of air and for the proper direction of air 
flow. The results of these tests will be recorded in a book provided on 
the surface. The petitioner states that a pre-shift examination of the 
belt side of the intake stopping line separating the belt from the 
intake air course will be made every 8 hours, and any hazardous 
conditions found will be recorded in a book provided on the surface. 
The petitioner asserts that the proposed

[[Page 37177]]

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

2. Rivers Edge Mining, Inc.

[Docket No. M-2003-039-C]

    Rivers Edge Mining, Inc., 1970 Barrett Court, PO Box 1990, 
Henderson, Kentucky 42419-1990 has filed a petition to modify the 
application of 30 CFR 75.1909(b)(6) (Nonpermissible diesel-powered 
equipment; design and performance requirements) to its Rivers Edge Mine 
(MSHA I.D. No. 46-08890) located in Boone County, West Virginia. The 
petitioner requests a modification of the existing standard to allow 
the mine to use the Getman Diesel grader underground with rear wheel 
brakes only. The petitioner proposes to: (i) Limit the diesel grader 
speed to 10 miles per hour maximum; (ii) physically block higher gear 
ratios on the Getman diesel grader in order to limit the speed to 10 
miles per hour maximum; and (iii) provide training to the grader 
operators on how to drop the grader blade in the event the brakes fail 
and the machine needs to be stopped. The petitioner states that the 
modification will provide the same protection that is realized from the 
current standard in that the grader can be stopped using the blade as a 
brake system. The petitioner asserts that the proposed alternative 
method would provide at least the same measure of protection as the 
existing standard.

3. Pine Ridge Coal Corporation

[Docket No. M-2003-040-C]

    Pine Ridge Coal Company, 1970 Barrett Court, P.O. Box 1990, 
Henderson, Kentucky 42420 has filed a petition to modify the 
application of 30 CFR 75.1909(b)(6) (Nonpermissible diesel-powered 
equipment; design and performance requirements) to its Big Mountain No. 
16 Mine (MSHA I.D. No. 46-07908) located in Boone County, West 
Virginia. The petitioner requests a modification of the existing 
standard to allow the mine to use the Getman Diesel grader underground 
with rear wheel brakes only. The petitioner proposes to: (i) Limit the 
diesel grader speed to 10 miles per hour maximum; (ii) physically block 
higher gear ratios on the Getman diesel grader in order to limit the 
speed to 10 miles per hour maximum; and (iii) provide training to the 
grader operators on how to drop the grader blade in the event the 
brakes fail and the machine needs to be stopped. The petitioner states 
that the modification will provide the same protection that is realized 
from the current standard in that the grader can be stopped using the 
blade as a brake system. The petitioner asserts that the proposed 
alternative method would provide at least the same measure of 
protection as the existing standard.

4. R & D Coal Company, Inc.

[Docket No. M-2003-041-C]

    R & D Coal Company, 214 Vaux Avenue, Tremont, Pennsylvania 17981 
has filed a petition to modify the application of 30 CFR 75.311(b)(2) 
and (b)(3) (Main mine fan operation) to its Buck Mountain Slope Mine 
(MSHA I.D. No. 36-02053) located in Schuylkill County, Pennsylvania. 
The petitioner requests a modification of the existing standard to 
permit the electrical circuits entering the underground mine to remain 
energized to the mine's pumps, while the main fan has been 
intentionally shut down during idle shifts when no miners are working 
underground. The petitioner asserts that the proposed alternative 
method would provide at least the same measure of protection as the 
existing standard.

5. Orchard Coal Company, Inc.

[Docket No. M-2003-042-C]

    Orchard Coal Company, Inc., 214 Vaux Avenue, Tremont, Pennsylvania 
17981 has filed a petition to modify the application of 30 CFR 
75.311(b)(2) and (b)(3) (Main mine fan operation) to its Orchard Slope 
Mine (MSHA I.D. No. 36-08346) located in Schuylkill County, 
Pennsylvania. The petitioner requests a modification of the existing 
standard to permit the electrical circuits entering the underground 
mine to remain energized to the mine's pumps, while the main fan has 
been intentionally shut down during idle shifts when no miners are 
working underground. The petitioner asserts that the proposed 
alternative method would provide at least the same measure of 
protection as the existing standard.

6. Canyon Fuel Company, LLC

[Docket No. M-2003-043-C]

    Canyon Fuel Company, LLC, PO Box 1029, Wellington, Utah 84542 has 
filed a petition to modify the application of 30 CFR 75.1700 (Oil and 
gas wells) to its Dugout Canyon Mine (MSHA I.D. No. 42-01890) located 
in Carbon County, Utah. The petitioner requests a modification of the 
existing standard to allow mining through one abandoned gas well (Drill 
Hole No. TD-3). The petitioner has listed specific procedures in this 
petition that would 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 to [email protected], or on a computer disk along 
with an original hard copy to the Office of Standards, Regulations, and 
Variances, Mine Safety and Health Administration, 1100 Wilson 
Boulevard, Room 2352, Arlington, Virginia 22209. All comments must be 
postmarked or received in that office on or before July 23, 2003. 
Copies of these petitions are available for inspection at that address.

    Dated at Arlington, Virginia this 13th day of June 2003.
Marvin W. Nichols, Jr.,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 03-15701 Filed 6-20-03; 8:45 am]
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