[Federal Register: December 26, 2002 (Volume 67, Number 248)]
[Notices]
[Page 78821-78823]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26de02-100]
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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. Mallie Coal Company, Inc.
[Docket No. M-2002-102-C]
Mallie Coal Company, 8442 Hwy. 6, Corbin, Kentucky 40701 has filed
a petition to modify the application of 30 CFR 75.380(f)(4)(i)
(Escapeways; bituminous and lignite mines) to its Mine No. 6 (MSHA I.D.
No. 15-18440) located in Knox County, Kentucky. The petitioner proposes
to use one ten pound or two five pound portable
[[Page 78822]]
chemical fire extinguishers on each Mescher Jeep used for traveling in
the primary escapeway at the Mine No. 6. The petitioner states that the
equipment operator will inspect each fire extinguisher on a daily basis
prior to entering the primary escapeway, that records of examinations
will be maintained and defective fire extinguishers will be replaced
prior to entering the mine. The petitioner asserts that the proposed
alternative method would provide a greater measure of protection than
the existing standard.
2. Mallie Coal Company, Inc.
[Docket No. M-2002-103-C]
Mallie Coal Company, Inc., 8442 Hwy. 6, Corbin, Kentucky 40701 has
filed a petition to modify the application of 30 CFR 75.342 (Methane
monitors) to its Mine No. 6 (MSHA I.D. No. 15-18440) located in Knox
County, Kentucky. The petitioner proposes to use hand-held continuous-
duty methane and oxygen detectors in lieu of machine mounted methane
monitors on three-wheel tractors with drag bottom buckets. The
petitioner asserts that the operator will be qualified in the proper
use of said detector and that application of the existing standard
would reduce the safety of the miners.
3. Mettiki Coal, LLC
[Docket No. M-2002-104-C]
Mettiki Coal, LLC, 1001 Pennsylvania Avenue, NW, Washington, DC
20004-2595 has filed a petition to modify the application of 30 CFR
77.214(a) (Refuse piles; general) to its Mettiki's General Mine (MSHA
I.D. No. 18-00671) located in Garrett County, Maryland. The petitioner
requests a modification of the existing standard to permit the
extension of its Mettiki General's refuse pile over four sealed
openings to the abandoned Mettiki Gobbler's Knob Mine. The petitioner
has listed specific terms and conditions in this petition that would be
followed to comply with the proposed alternative method. The petitioner
asserts that the proposed alternative method would provide at least the
same measure of protection as the existing standard.
4. Mears Enterprises, Inc.
[Docket No. M-2002-105-C]
Mears Enterprises, Inc., PO Box 157, 410 Franklin Street, Clymer,
PA 15728 has filed a petition to modify the application of 30 CFR
75.1100-2(e)(2) (Quantity and location of firefighting equipment) to
its Dora No. 8 Mine (MSHA I.D. No. 36-08704) located in Jefferson
County, Pennsylvania. The petitioner requests a modification of the
existing standard to permit an alternate method of compliance for the
use of firefighting equipment required at temporary electrical
installations at the Dora No. 8 Mine. The petitioner proposes to use
two fire extinguishers at all temporary electrical installations
instead of using one portable fire extinguisher and 240 pounds of rock
dust. The petitioner asserts that the proposed alternative method would
provide at least the same measure of protection as the existing
standard with no diminution of safety to the miners.
5. Highland Mining Company
[Docket No. M-2002-106-C]
Highland Mining Company, 1970 Barrett Court, PO Box 1990,
Henderson, Kentucky 42419 has filed a petition to modify the
application of 30 CFR 75.1101-1(b) (Deluge-type water spray systems) to
its Highland 9 Mine (MSHA I.D. No. 15-02709) located in Union County,
Kentucky. The petitioner proposes to have a trained person conduct a
weekly examination and functional test of the deluge type fire
suppression systems installed at conveyor belt drives in lieu of using
dust covers for nozzles of water deluge fire suppression system. The
petitioner states that the trained person would conduct a visual
examination at each water deluge type fire suppression system, and
conduct a function test of the water deluge type fire suppression
systems by actuating the system and observing its performance. The
petitioner further states that the results of the examinations and
functional tests would be recorded in a book that would be maintained
on the surface. The book would be made available to the authorized
representative of the Secretary and retained for one year. The
petitioner also proposes to correct any malfunction or clogged nozzle
detected as a result of the weekly examination or functional test
immediately, and post the procedure used to perform the functional test
at or near each belt drive which utilizes a water deluge fire
suppression system. The petitioner asserts that the proposed
alternative method would provide at least the same measure of
protection as the existing standard.
6. Highland Mining Company
[Docket No. M-2002-107-C]
Highland Mining Company, 1970 Barrett Court, PO Box 1990,
Henderson, Kentucky 42419-1990 has filed a petition to modify the
application of 30 CFR 75.1101-1(b) (Deluge-type water spray systems) to
its Highland 11 Mine (MSHA I.D. No. 15-18480) located in Union County,
Kentucky. The petitioner proposes to have a trained person conduct a
weekly examination and functional test of the deluge type fire
suppression systems installed at conveyor belt drives in lieu of using
dust covers for nozzles of water deluge fire suppression systems. The
petitioner states the trained person would conduct a visual examination
at each water deluge type fire suppression system, and conduct a
function test of the water deluge type fire suppression systems by
actuating the system and observing its performance. The petitioner
further states that the results of the examinations and functional
tests would be recorded in a book that would be maintained on the
surface. The book would be made available to the authorized
representative of the Secretary and retained for one year. The
petitioner also proposes to correct any malfunction or clogged nozzle
detected as a result of the weekly examination or functional test
immediately, and post the procedure used to perform the functional test
at or near each belt drive which utilizes a water deluge fire
suppression system. The petitioner asserts that the proposed
alternative method would provide at least the same measure of
protection as the existing standard.
7. A, B & J Coal Company, Inc.
[Docket No. M-2002-108-C]
A, B & J Coal Company, Inc., PO Box 35, Vansant, Virginia 24656 has
filed a petition to modify the application of 30 CFR 75.503
(Permissible electric face equipment; maintenance) and 30 CFR 18.41(f)
(Plug and receptacle-type connectors), respectively, to its Mine
3C (MSHA I.D. No. 15-18313) located in Pike County, Kentucky.
The petitioner proposes to use a permanently installed spring-loaded
locking device on battery plug connectors on mobile battery-powered
equipment. The spring-loaded locking device would prevent unintentional
loosening of the battery plugs from battery receptacles and eliminate
the hazards associated with difficult removal of padlocks during
emergency situations. The petitioner asserts that the proposed
alternative method would provide at least the same measure of
protection as the existing standard.
8. Coastal Coal-West Virginia, LLC
[Docket No. M-2002-109-C]
Coastal Coal-West Virginia, LLC, 61 Missouri Run Road, Cowen, West
Virginia 26206 has filed a petition to modify the application of 30 CFR
[[Page 78823]]
75.1002 (Installation of electric equipment and conductors;
permissibility) to its Mine No. 10A (MSHA I.D. No. 46-08852) located in
Webster County, West Virginia. The petitioner proposes to use
continuous mining machines with nominal voltage of the power circuits
not to exceed 2,400 volts at the Mine No. 10A. The petitioner asserts
that the proposed alternative method would provide at least the same
measure of protection as the existing standard.
9. Coastal Coal-West Virginia, LLC
[Docket No. M-2002-110-C]
Coastal Coal-West Virginia, LLC, 61 Missouri Run Road, Cowen, West
Virginia 26206 has filed a petition to modify the application of 30 CFR
75.1002 (Installation of electric equipment and conductors;
permissibility) to its Upper Mercer Mine (MSHA I.D. No. 46-08875)
located in Webster County, West Virginia. The petitioner proposes to
use continuous mining machines with nominal voltage of the power
circuits not to exceed 2,400 volts at the Upper Mercer Mine. The
petitioner asserts that the proposed alternative method would provide
at least the same measure of protection as the existing standard.
10. Black Energy Coal, Inc.
[Docket No. M-2002-111-C]
Black Energy Coal, Inc., PO Box 159, Dana, Kentucky 41615 has filed
a petition to modify the application of 30 CFR 75.503 (Permissible
electric face equipment; maintenance) and 30 CFR 18.41(f) (Plug and
receptacle-type connectors) to its Mine 2 (MSHA I.D. No. 15-
18369) located in Pike County, Kentucky. For mobile battery-powered
machines, the petitioner proposes to use permanently installed spring-
loaded locking devices on the battery plug connectors to prevent
unintentional loosening of battery plugs from battery receptacles and
to eliminate the potential hazards associated with difficult removal of
padlocks during emergency situations. The petitioner asserts that using
padlocks instead of spring-loaded locking devices would not result in a
diminution of safety to the miners. The petitioner further asserts that
the proposed alternative method would provide at least the same measure
of protection as the existing standard.
11. Black Energy Coal, Inc.
[Docket No. M-2002-112-C]
Black Energy Coal, Inc., PO Box 159, Dana, Kentucky 41615 has filed
a petition to modify the application of 30 CFR 75.503 (Permissible
electric face equipment; maintenance) and 30 CFR 18.41(f) (Plug and
receptacle-type connectors) to its Mine 3 (MSHA I.D. No. 15-
16856) located in Pike County, Kentucky. For mobile battery-powered
machines, the petitioner proposes to use permanently installed spring-
loaded locking devices on the battery plug connectors to prevent
unintentional loosening of battery plugs from battery receptacles and
to eliminate the potential hazards associated with difficult removal of
padlocks during emergency situations. The petitioner asserts that using
padlocks instead of spring-loaded locking devices would not result in a
diminution of safety to the miners. The petitioner further 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 comments@msha.gov, 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 January 27, 2003.
Copies of these petitions are available for inspection at that address.
Dated at Arlington, Virginia this 17th day of December 2002.
Marvin W. Nichols, Jr.,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 02-32456 Filed 12-24-02; 8:45 am]
BILLING CODE 4510-43-P